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*sb0218*
SENATE BILL 218
F1 (6lr0175)
ENROLLED BILL
— Education, Energy, and the Environment/Ways and Means —
Introduced by Chair, Education, Energy, and the Environment Committee (By
Request – Departmental – Education)
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
President.
CHAPTER ______
AN ACT concerning 1
State Superintendent of Schools – Prolonged State of Emergency – Authority to 2
Declare 3
FOR the purpose of authorizing the State Superintendent of Schools to declare a prolonged 4
state of emergency for an event that prevents regular, in –person attendance at a 5
public school for a specified period of time , subject to certain requirements ; and 6
generally relating to the State Superintendent of Schools and a prolonged state of 7
emergency for public schools. 8
BY renumbering 9
Article – Education 10
Section 7–14A–02 through 7–14A–09 11
to be Section 7–14A–03 through 7–14A–10, respectively 12
Annotated Code of Maryland 13
2 SENATE BILL 218
(2025 Replacement Volume and 2025 Supplement) 1
BY repealing and reenacting, without amendments, 2
Article – Education 3
Section 7–14A–01(a) and (e) 4
Annotated Code of Maryland 5
(2025 Replacement Volume and 2025 Supplement) 6
BY repealing and reenacting, with amendments, 7
Article – Education 8
Section 7–14A–01(c) and 7–14A–02 9
Annotated Code of Maryland 10
(2025 Replacement Volume and 2025 Supplement) 11
BY adding to 12
Article – Education 13
Section 7–14A–02 14
Annotated Code of Maryland 15
(2025 Replacement Volume and 2025 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – Education 18
Section 7–14A–03 and 7–14A–10 19
Annotated Code of Maryland 20
(2025 Replacement Volume and 2025 Supplement) 21
(As enacted by Section 1 of this Act) 22
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
That Section(s) 7–14A–02 through 7–14A–09 of Article – Education of the Annotated Code 24
of Maryland be renumbered to be Section(s) 7–14A–03 through 7–14A–10, respectively. 25
SECTION 1. 2. AND BE IT FURTHER ENACTED BY THE GENERAL ASSEMBLY 26
OF MARYLAND, That the Laws of Maryland read as follows: 27
Article – Education 28
7–14A–01. 29
(a) In this subtitle the following words have the meanings indicated. 30
(c) “Prolonged state of emergency” means a state of emergency declared by the 31
[Governor under Title 14 of the Public Safety Article] STATE SUPERINTENDENT UNDER 32
§ 7–14A–02 OF THIS SUBTITLE that prevents regular, in –person attendance at a public 33
school for at least 14 consecutive school days. 34
(e) “Virtual education” means academic instruction: 35
SENATE BILL 218 3
(1) In which one or more technologies are used to deliver a significant 1
portion of the teaching to students entirely or primarily online; and 2
(2) In which students and instructors participate remotely from separate 3
locations. 4
7–14A–02. 5
(A) ON WRITTEN REQUEST OF A COUNTY SUPERINTEND ENT OR A 6
DETERMINATION BY THE STATE SUPERINTENDENT THAT I MMEDIATE ACTION IS 7
NECESSARY, THE STATE SUPERINTENDENT MAY DECLARE A PROLONGED STATE OF 8
EMERGENCY THAT PREVE NTS REGULAR , IN–PERSON ATTENDANCE AT A PUBLIC 9
SCHOOL FOR AT LEAST 14 CONSECUTIVE SCHOOL DAYS DUE TO: 10
(1) A NATURAL DISASTER; 11
(2) A CIVIL DISASTER; 12
(3) A PUBLIC HEALTH EMERGENCY; OR 13
(4) A SPECIFIC SECURITY THREAT IDENTIFIED BY FEDERAL, STATE, 14
OR LOCAL LAW ENFORCEMENT. 15
(B) IN MAKING A DECLARATI ON OF A PROLONGED ST ATE OF EMERGENCY 16
UNDER THIS SECTION, THE STATE SUPERINTENDENT SHALL: 17
(1) CONSULT THE GOVERNOR, AND IF APPROPRIATE: 18
(I) THE MARYLAND DEPARTMENT OF EMERGENCY 19
MANAGEMENT; 20
(II) THE DEPARTMENT OF STATE POLICE; OR 21
(III) THE MARYLAND DEPARTMENT OF HEALTH; 22
(2) ISSUE THE DECLARATION IN WRITING; 23
(3) INDICATE IN THE DECLARATION: 24
(I) THE NATURE OF THE EMERGENCY; AND 25
(II) THE SPECIFI C LOCAL SCHOOL SYSTE MS OR INDIVIDUAL 26
SCHOOLS THREATENED OR AFFECTED, UNLESS THE EMERGENCY IS STATEWIDE IN 27
NATURE; AND 28
4 SENATE BILL 218
(4) DISSEMINATE THE DECLA RATION PROMPTLY BY M EANS 1
CALCULATED TO PUBLICIZE THE CONTENTS OF THE DECLARATION. 2
(C) UNLESS THE EMERGENCY IS STATEWIDE IN NATU RE, A DECLARATION 3
OF A PROLONGED STATE OF EMERGENCY MAY NOT APPLY TO A LOCAL SCH OOL 4
SYSTEM THAT IS NOT I DENTIFIED IN THE WRITTEN DECLARATION IN ACCORDANCE 5
WITH SUBSECTION (B)(3)(II) OF THIS SECTION. 6
(D) IF AN EMERGENCY THREA TENS OR AF FECTS A PARTICULAR S CHOOL 7
WITHIN A LOCAL SCHOO L SYSTEM, THE STATE SUPERINTENDENT MAY DE CLARE A 8
PROLONGED STATE OF EMERGENCY FOR THAT SCHOOL. 9
(D) (1) A PROLONGED STATE OF EMERGENCY DECLARED IN ACCORDANCE 10
WITH THIS SECTION MAY BE TERMINATED BY: 11
(I) A JOINT RESOLUTION BY THE GENERAL ASSEMBLY; 12
(II) AN AFFIRMATIVE VOTE BY THE STATE BOARD; OR 13
(III) A DECISION BY THE STATE SUPERINTENDENT. 14
(2) IF A PROLONGED STATE OF EMERGENCY IS TERM INATED BY ANY 15
METHOD LISTED UNDER PARAGRAPH (1) OF THIS SUBSECTI ON, THE STATE 16
SUPERINTENDENT SHALL ISSUE A DECLARATION DISSEMINATED PROMPTL Y BY 17
MEANS CALCULATED TO PUBLICIZE THE TERMINATION OF THE PROLONG ED STATE 18
OF EMERGENCY. 19
(E) NOTHING IN THIS SUBTI TLE MAY BE CONSTRUED TO LIMIT OR 20
INTERFERE WITH THE R ESPONSIBILITIES OF THE SECRETARY OF HEALTH UNDER 21
TITLE 18 OF THE HEALTH – GENERAL ARTICLE IN THE EVENT OF A PUBLIC HEALTH 22
EMERGENCY. 23
7–14A–02. 7–14A–03. 24
(a) If there is a prolonged state of emergency AFFECTING THE LOCAL SCHOOL 25
SYSTEM, a county board may transition the ONE OR MORE public schools in the county to 26
virtual education under an approved virtual education plan, subject to the limitations of 27
this section. 28
(b) (1) (i) On or before June 1, 2024, a county board shall, in consultation 29
with county administrators and school staff, adopt a virtual education plan for use during 30
a prolonged state of emergency AFFECTING THE LOCAL SCHOOL SYSTEM. 31
SENATE BILL 218 5
(ii) A county board shall use the county board’s continuity of learning 1
plan in effect during the 2020–2021 school year to form a virtual education plan. 2
(2) A virtual education plan shall include the following components: 3
(i) A staffing and personnel assignment plan; 4
(ii) A student instruction plan; 5
(iii) A student assessment and learning support plan; 6
(iv) A social and emotional learning plan; 7
(v) A community communications plan; 8
(vi) A technology plan; 9
(vii) A nutritional and health services plan; and 10
(viii) A plan for return to in–person instruction. 11
(c) A county board shall update the virtual education plan every 2 years. 12
(d) (1) If a prolonged state of emergency AFFECTING THE LOCAL SCHOOL 13
SYSTEM requires the cessation of in –school attendance at a public school and the county 14
board determines virtual education is required, a county board immediately shall 15
implement the virtual education plan and transition the public school to virtual education. 16
(2) (i) A county board may adjust the virtual education plan to fit the 17
specific needs of the schools affected and the specific circumstances of the emergency. 18
(ii) A county board shall submit an adjusted plan to the State Board 19
as soon as practicable. 20
(e) (1) Within 10 calendar days of receipt of a virtual education plan, the State 21
Board shall: 22
(i) Accept the plan; or 23
(ii) Return the plan to the county board for specific modification. 24
(2) If an adjusted virtual education plan is returned, the county board shall 25
modify and resubmit the plan within 5 calendar days after the date the plan is returned. 26
(f) The county board shall publish the most recent version of the virtual 27
education plan on the county board’s website. 28
6 SENATE BILL 218
(G) NOTHING IN THIS SUBTI TLE MAY BE CONSTRUED TO LIMIT OR 1
INTERFERE WITH THE R ESPONSIBILITIES OF THE SECRETARY OF HEALTH UNDER 2
TITLE 18 OF THE HEALTH – GENERAL ARTICLE IN THE EVENT OF A PUBLIC HEALTH 3
EMERGENCY. 4
7–14A–10. 5
The State Board shall adopt regulations to carry out the provisions of this subtitle, 6
including establishing minimum criteria for the adoption and implementation of virtual 7
education plans by a county board during a prolonged state of emergency AFFECTING THE 8
LOCAL SCHOOL SYSTEM. 9
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
July 1, 2026. 11
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.