State Department of Education - Sexual Abuse and Sexual Misconduct Model Response Policy - Requirements, the official text

WES MOORE, Governor                  Ch. 639

Chapter 639

                   (Senate Bill 685)

AN ACT concerning

Local School Systems State Department of Education – Sexual Abuse and
Sexual Misconduct – Misconduct Model Response Policy and After–Action

                                       Review – Requirements

FOR the purpose of requiring the State Department of Education to develop a model sexual
         abuse and sexual misconduct response policy that includes, at minimum, certain
         components; requiring each local school system to adopt a certain response policy,
         provide certain notices in a certain manner, and conduct a certain after–action
         review under certain circumstances and post a certain link on its website; and
         generally relating to sexual abuse and sexual misconduct response policies.

BY adding to
         Article – Education
         Section 4–148
         Annotated Code of Maryland
         (2025 Replacement Volume and 2025 Supplement)

         SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

                   Article – Education

4–148.

        (A) (1) IN THIS SECTION, THE FOLLOWING TERMS HAVE THE MEANINGS
INDICATED.

                (2) “CREDIBLE ALLEGATION” MEANS A SPECIFIC AND PLAUSIBLE
REPORT OF SEXUAL MISCONDUCT OR SEXUAL ABUSE, MADE BY A PERSON WITH
APPARENT KNOWLEDGE, BY A SCHOOL EMPLOYEE OR CONTRACTOR OR VOLUNTEER

THAT IS SUFFICIENT TO WARRANT TEMPORARY PROTECTIVE ACTION BY THE LOCAL

SCHOOL SYSTEM.

                (3) “RESPONSE RESPONSE POLICY” MEANS A SEXUAL ABUSE AND
MISCONDUCT RESPONSE POLICY.

                (4) “SERIOUS INCIDENT” MEANS AN EVENT THAT POSES A
SUBSTANTIAL THREAT TO A STUDENT OR STAFF MEMBER’S SAFETY OR SCHOOL

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Ch. 639  2026 LAWS OF MARYLAND

ENVIRONMENT AND REQUIRES IMMEDIATE ADMINISTRATIVE OR

LAW–ENFORCEMENT RESPONSE, INCLUDING:

                         (I) CREDIBLE ALLEGATIONS OF SEXUAL MISCONDUCT OR

SEXUAL ABUSE THAT RESULT IN REMOVAL FROM STUDENT CONTACT FOR MORE

THAN 10 DAYS;

                         (II) PHYSICAL ASSAULT;

                         (III) OFFENSES INVOLVING A WEAPON;

                         (IV) THREATS OF VIOLENCE;

                         (V) CHILD ABUSE OR NEGLECT;

                         (VI) EVENTS THAT REQUIRE EMERGENCY RESPONSE; AND

                         (VII) ANY OTHER INCIDENT DESIGNATED BY THE LOCAL SCHOOL
SYSTEM AS REQUIRING A FORMAL AFTER–ACTION REVIEW.

        (B) (1) THE DEPARTMENT SHALL DEVELOP A MODEL SEXUAL ABUSE AND

MISCONDUCT RESPONSE POLICY FOR USE BY LOCAL SCHOOL SYSTEMS TO RESPOND

TO CREDIBLE SCHOOL–RELATED ALLEGATIONS OF SEXUAL ABUSE AND SEXUAL
MISCONDUCT.

                (2) THE MODEL RESPONSE POLICY DEVELOPED UNDER PARAGRAPH
(1) OF THIS SUBSECTION SHALL, AT MINIMUM, INCLUDE THE FOLLOWING
COMPONENTS:

                         (I) A COMMUNICATIONS PLAN;

                         (II) AN E–MAIL AND OTHER ELECTRONIC COMMUNICATION
DOCUMENTS RETENTION POLICY;

                         (III) A REQUIREMENT TO LINK TO A CENTRALIZED RESOURCE
PLATFORM; AND

                         (IV) AN AFTER–ACTION REVIEW PLAN.

                (3) THE MODEL RESPONSE POLICY MAY NOT IMPEDE OR COMPROMISE
THE ABILITY OF A SCHOOL, A SCHOOL SYSTEM, A LAW ENFORCEMENT AGENCY, OR A

PROSECUTOR TO CONDUCT A THOROUGH AND UNBIASED INVESTIGATION INTO AN

ALLEGATION OF SEXUAL ABUSE OR SEXUAL MISCONDUCT.

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WES MOORE, Governor  Ch. 639

                         (I) A REQUIREMENT THAT A PARENT OR GUARDIAN RECEIVE

PROMPT NOTIFICATION THAT THE STUDENT HAS MADE A CREDIBLE ALLEGATION OF

A SERIOUS INCIDENT;

                         (II) A COMMUNICATIONS PLAN THAT PROVIDES LOCAL SCHOOL

SYSTEMS WITH THE INFORMATION AUTHORIZED TO BE SHARED WITH THE PUBLIC

AT EACH STAGE OF THE RESPONSE PROCESS;

                         (III) A REQUIREMENT THAT, SUBJECT TO SUBSECTION (E) OF
THIS SECTION, NOTIFICATION OF AN ALLEGATION OF CHILD ABUSE BY AN
EMPLOYEE OF THE LOCAL SCHOOL SYSTEM BE PROVIDED TO THE CHILD’S PARENT
OR GUARDIAN AS SOON AS POSSIBLE AND NOT LATER THAN WITHIN 3 SCHOOL DAYS;

AND

                         (IV) RECORD RETENTION REQUIREMENTS AND GUIDELINES
DEVELOPED IN COLLABORATION WITH THE STATE ARCHIVES, INCLUDING:

                                 1. A REQUIREMENT THAT ALL E–MAIL AND ELECTRONIC

RECORDS REGARDING A CREDIBLE ALLEGATION OF SEXUAL ABUSE OR SEXUAL
MISCONDUCT BY AN EMPLOYEE OF THE LOCAL SCHOOL SYSTEM BE RETAINED BY

THE LOCAL SCHOOL SYSTEM FOR A MINIMUM OF 3 YEARS;

                                 2. PROCEDURES FOR THE MAINTENANCE, SECURITY,
AND TRANSFER OF RECORDS; AND

                                 3. GUIDELINES REGARDING RETAINING RECORDS FOR
CRIMINAL, CIVIL, OR ADMINISTRATIVE INVESTIGATIONS.

        (C) (1) THE COMPONENTS OF THE MODEL RESPONSE POLICY
DEVELOPED UNDER SUBSECTION (B) OF THIS SECTION SHALL INCLUDE THE

INFORMATION REQUIRED UNDER THIS SUBSECTION AND BE DEVELOPED IN

COLLABORATION WITH THE ENTITIES DESCRIBED IN THIS SUBSECTION STATE AND
LOCAL GOVERNMENTAL ENTITIES, COMMUNITY STAKEHOLDERS, AND ANY OTHER
RELEVANT ENTITIES DETERMINED BY THE DEPARTMENT.

                (2) THE COMMUNICATIONS PLAN SHALL:

                         (I) INCLUDE INCLUDE BEST PRACTICES FOR PROVIDING
TIMELY, RELEVANT, AND APPROPRIATE INFORMATION THROUGH NOTIFICATION

AND RESPONSES TO PARENTS OF AFFECTED STUDENTS AND COMMUNITY

STAKEHOLDERS AND LOCAL SCHOOL SYSTEM CONTACT INFORMATION; AND

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Ch. 639  2026 LAWS OF MARYLAND

                         (II) BE DEVELOPED IN COLLABORATION WITH LOCAL SCHOOL
SYSTEMS, THE DEPARTMENT OF HUMAN SERVICES, THE PUBLIC SCHOOL
SUPERINTENDENTS’ ASSOCIATION OF MARYLAND, THE MARYLAND ASSOCIATION
OF BOARDS OF EDUCATION, EMPLOYEE ORGANIZATIONS, LAW ENFORCEMENT
AGENCIES, AND ANY OTHER RELEVANT ENTITY DETERMINED BY THE DEPARTMENT.

                (3) THE E–MAIL AND ELECTRONIC OTHER ELECTRONIC

COMMUNICATION DOCUMENTS RETENTION POLICY SHALL INCLUDE REQUIREMENTS

FOR THE RETENTION AND MAINTENANCE OF A LOCAL SCHOOL SYSTEM’S E–MAILS

AND ELECTRONIC OTHER ELECTRONIC COMMUNICATION DOCUMENTS FOR A

MINIMUM OF 1 YEAR.

                (4) (I) THE DEPARTMENT AND THE MARYLAND CENTER FOR
SCHOOL SAFETY JOINTLY SHALL DEVELOP AND MAINTAIN A A CENTRALIZED,
STATEWIDE RESOURCE PLATFORM THAT INCLUDES, DEVELOPED IN ACCORDANCE
WITH THE MODEL RESPONSE POLICY, SHALL INCLUDE INFORMATION AND PROVIDES

PROVIDE LINKS TO RESOURCES REGARDING CHILD SEXUAL ABUSE AND SEXUAL

MISCONDUCT IN A SCHOOL ENVIRONMENT, INCLUDING:

                                 1. IDENTIFYING SIGNS AND WARNING INDICATORS OF
CHILD SEXUAL ABUSE AND SEXUAL MISCONDUCT;

                                 2. PROCEDURES FOR REPORTING INCIDENTS OF CHILD
SEXUAL ABUSE OR SEXUAL MISCONDUCT;

                                 3. TRAUMA–INFORMED GUIDANCE FOR HOW PARENTS
CAN HAVE CONVERSATIONS WITH THEIR CHILD; AND

                                 4. LINKS TO RAPE CRISIS CENTERS CERTIFIED UNDER §
11–923 OF THE CRIMINAL PROCEDURE ARTICLE AND CHILD ADVOCACY CENTERS
ESTABLISHED UNDER § 13–2201 OF THE HEALTH – GENERAL ARTICLE.

                         (II) THE DEPARTMENT AND THE MARYLAND CENTER FOR
SCHOOL SAFETY SHALL COLLABORATE WITH THE DEPARTMENT OF HUMAN
SERVICES, THE MARYLAND DEPARTMENT OF HEALTH, AND THE ENTITY
RESPONSIBLE FOR CERTIFYING SEXUAL ASSAULT PROGRAMS UNDER § 11–923 OF
THE CRIMINAL PROCEDURE ARTICLE IN THE DEVELOPMENT OF THE RESOURCE
PLATFORM UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH.

                (5) (I) THE DEPARTMENT AND THE MARYLAND CENTER FOR
SCHOOL SAFETY JOINTLY SHALL DEVELOP THE AN AFTER–ACTION REVIEW PLAN
REQUIRING, DEVELOPED IN ACCORDANCE WITH THE MODEL RESPONSE POLICY,
SHALL REQUIRE A LOCAL SCHOOL SYSTEM TO CONDUCT A STRUCTURED,

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         WES MOORE, Governor              Ch. 639

COLLABORATIVE DEBRIEFING PROCESS TO IDENTIFY, ASSESS, EVALUATE, AND

RESOLVE ISSUES IN THE ACTIONS ANY ISSUE WITH ANY ACTION TAKEN BY ALL

ENTITIES AN ENTITY INVOLVED IN A SCHOOL–RELATED CASE OF SEXUAL ABUSE AND
SEXUAL MISCONDUCT TO IMPROVE FUTURE PERFORMANCE.

         (II) THE AFTER–ACTION REVIEW PLAN SHALL INCLUDE:

                                 1. IDENTIFICATION OF THE ENTITIES INVOLVED IN AN
INVESTIGATION THAT MUST BE INCLUDED IN THE AFTER–ACTION REVIEW
CONDUCTED BY THE LOCAL SCHOOL SYSTEM;

                                 2. THE STANDARDS AND PROCEDURES   FOR
DETERMINING WHICH INCIDENTS REQUIRE AN AFTER–ACTION REVIEW;

                                 3. A REQUIREMENT THAT THE AFTER–ACTION REVIEW

BE CONDUCTED WITHIN A REASONABLE TIME AFTER THE CONCLUSION OF THE CASE

TO ENSURE TIMELY RESOLUTION OF IDENTIFIED ISSUES; AND

                                 4. METHODS FOR ENSURING LOCAL SCHOOL SYSTEM
ACCOUNTABILITY AFTER AN AFTER–ACTION REVIEW HAS BEEN CONDUCTED AND
ISSUES REQUIRING RESOLUTION HAVE BEEN IDENTIFIED.

(C) (D)  (1) ON OR BEFORE JULY SEPTEMBER 1, 2027, EACH LOCAL

SCHOOL SYSTEM SHALL ADOPT A RESPONSE POLICY BASED ON THE MODEL POLICY

DEVELOPED BY THE DEPARTMENT UNDER SUBSECTION (B) OF THIS SECTION.

                (2) EACH LOCAL SCHOOL SYSTEM SHALL POST IN A CONSPICUOUS

PLACE ON ITS WEBSITE A LINK TO THE CENTRALIZED RESOURCE PLATFORM

DEVELOPED UNDER SUBSECTION (C) OF THIS SECTION.

                (3) EACH LOCAL SCHOOL SYSTEM’S RESPONSE POLICY MAY NOT
IMPEDE OR COMPROMISE THE ABILITY OF A SCHOOL, THE LOCAL SCHOOL SYSTEM, A
LAW ENFORCEMENT AGENCY, OR A PROSECUTOR TO CONDUCT A THOROUGH AND

UNBIASED INVESTIGATION INTO AN ALLEGATION OF SEXUAL ABUSE OR SEXUAL

MISCONDUCT.

        (D) EACH LOCAL SCHOOL SYSTEM SHALL ESTABLISH A TIME–STAMPED
WEBPAGE ON ITS WEBSITE REGARDING A SERIOUS INCIDENT THAT:

(1) CONFIRMS THE NATURE OF THE INCIDENT;

                (2) PROVIDES NONIDENTIFYING INFORMATION ABOUT THE STATUS
OF THE ONGOING INVESTIGATION;

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Ch. 639  2026 LAWS OF MARYLAND

                (3) PROVIDES LINKS TO RELEVANT RESOURCES FOR PARENTS AND
GUARDIANS FOR COUNSELING AND SUPPORT RESOURCES;

                (4) PROVIDES AN UPDATE WHEN THERE IS A MATERIAL CHANGE,

INCLUDING THE CONCLUSION OF THE INVESTIGATION OR AN ONGOING CRIMINAL

CASE; AND

         (5) CONTAINS SUPPORTING AND NONINVESTIGATIVE INFORMATION

ONLY.

        (E) A LAW ENFORCEMENT AGENCY OR A CHILD PROTECTIVE SERVICES UNIT

MAY REQUEST THAT CERTAIN DETAILS OF A SERIOUS INCIDENT BE WITHHELD FROM

THE PUBLIC OR THAT PUBLIC COMMUNICATION BE DELAYED.

        (F) (1) A LOCAL SCHOOL SYSTEM SHALL NOTIFY PARENTS AND

GUARDIANS THAT THE LOCAL SCHOOL SYSTEM HAS RECEIVED A CREDIBLE
ALLEGATION AS SOON AS FEASIBLE AFTER THE LOCAL SCHOOL SYSTEM IS MADE

AWARE OF THE CREDIBLE ALLEGATION.

                (2) THE NOTICE REQUIRED UNDER PARAGRAPH (1) OF THIS
SUBSECTION SHALL:

         (I) CONFIRM THAT A CREDIBLE ALLEGATION WAS RECEIVED;

                         (II) INDICATE WHETHER THE EMPLOYEE WAS REMOVED FROM
STUDENT CONTACT;

                         (III) DESCRIBE THE SAFETY PRECAUTIONS BEING TAKEN BY THE
LOCAL SCHOOL SYSTEM; AND

                         (IV) LIST REFERRALS TO AVAILABLE COUNSELING AND
SUPPORT RESOURCES, IF ANY.

                (3) A LOCAL SCHOOL SYSTEM MAY NOT DISCLOSE THE NAME OF THE

EMPLOYEE UNDER INVESTIGATION IN THE NOTICE SENT TO PARENTS AND

GUARDIANS UNDER THIS SUBSECTION.

        (G) (1) ON THE CONCLUSION OF A CHILD SEXUAL ABUSE OR SEXUAL
MISCONDUCT CASE OR A SERIOUS INCIDENT, A LOCAL SCHOOL SYSTEM SHALL
CONDUCT AN AFTER–ACTION REVIEW WITHIN 45 DAYS OF THE CONCLUSION OF THE
INCIDENT TO:

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WES MOORE, Governor                                       Ch. 639

(I) ANALYZE HOW THE INCIDENT OCCURRED;

                         (II) IDENTIFY SYSTEMIC AND ENVIRONMENTAL CONDITIONS
THAT CONTRIBUTED TO THE INCIDENT;

                         (III) IDENTIFY GAPS IN PROCEDURES, COMMUNICATION,
SUPERVISION, OR CULTURE;

                         (IV) EVALUATE THE TIMELINESS OF PARENT AND GUARDIAN
NOTIFICATION;

                         (V) EXAMINE COORDINATION WITH LAW ENFORCEMENT AND
CHILD PROTECTIVE SERVICES;

                         (VI) EVALUATE  COMPLIANCE  WITH  TRANSPARENCY
REQUIREMENTS; AND

(VII) IDENTIFY AREAS FOR PROCESS IMPROVEMENTS.

                (2) A WRITTEN REDACTED REPORT OF THE FINDINGS OF THE
AFTER–ACTION REVIEW CONDUCTED UNDER PARAGRAPH (1) OF THIS SUBSECTION
MAY BE PROVIDED TO THE STATE BOARD AND THE STATE SUPERINTENDENT.

         SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2026.

Approved by the Governor, May 26, 2026.

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