HOUSE BILL 444

F1 9lr2093
SECOND READER

By: Delegate Rosenberg Delegates Ferguson and Rosenberg

Introduced and read first time: January 10, 2009
Assigned to: Ways and Means

A BILL ENTITLED

1 AN ACT concerning

2 Education – High School Graduation – Dropout Prevention

3 FOR the purpose of defining certain terms related to dropout prevention; requiring the
4 State Superintendent and Maryland State Board of Education to oversee the
5 calculation of dropout rates for the State; adding data indicators to the State’s
6 annual calculations of graduation rates and dropout rates; requiring certain State
7 actors to highlight certain discrepancies between local school boards; setting
8 certain deadlines for the State Board to produce a report on the creation of a
9 certain student-tracking on-time graduation formula; adding certain exemptions
10 to the State’s compulsory school attendance laws; increasing the age to which
11 certain persons are responsible for a child’s attendance at school; adding specific
12 judicial punishments for certain individuals charged for failing to send certain
13 children to school; making stylistic changes; adding a severability clause to the
14 law; providing a certain accommodation period for the implementation of the
15 collection of dropout rate measures; clarifying the applicability of the law as to
16 certain individuals; requiring the State Superintendent and State Board to
17 produce a report for the General Assembly that analyzes certain implementation
18 costs; delaying the effective implementation of certain provisions; conditioning
19 the continuance of the law on certain findings by the State Superintendent and
20 State Board of Education; and generally related to school dropout prevention.

21 BY repealing and reenacting, with amendments,

22 Article – Education
23 Section 7-203.2 and 7-301.
24 Annotated Code of Maryland
25 (2006 Replacement Volume and 2008 Supplement)

26 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF

27 MARYLAND, That the Laws of Maryland read as follows:

______________________________________________________________________
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Strike out indicates matter stricken from the bill by amendment or deleted from
the law by amendment.
 2 HOUSE BILL 444

1 Article – Education

2 7-203.2.

3 (a) (1) In this section the following words have the meanings indicated.

4 (2) “ALTERNATIVE SCHOOL” MEANS A PUBLIC SCHOOL OR

5 PROGRAM THAT ANNUALLY ENROLLS AT LEAST 30 PUPILS AND NO MORE THAN 250
6 PUPILS, HAS A SEPARATE ADMINISTRATOR OR TEACHER IN CHARGE OF THE SCHOOL;
7 AND OFFERS A NONTRADITIONAL CURRICULUM.

8 (3) “CHILDREN AT RISK” MEANS PUPILS IN GRADES 5 TO 12 WHO

9 ARE AT RISK OF NOT GRADUATING FROM HIGH SCHOOL BECAUSE THEY ARE
10 DROPOUTS OR ARE 2 OR MORE OF THE FOLLOWING:

11 (I) ONE OR MORE YEARS BEHIND THEIR AGE GROUP IN THE

12 NUMBER OF HIGH SCHOOL CREDITS ATTAINED;

13 (II) TWO OR MORE YEARS BEHIND THEIR AGE GROUP IN

14 BASIC SKILL LEVELS AS DETERMINED BY THE STATE SUPERINTENDENT AND STATE
15 BOARD;

16 (III) HABITUAL TRUANTS, AS DEFINED IN PARAGRAPH (8) OF

17 THIS SUBSECTION;

18 (IV) DISENGAGED, AS DETERMINED BY INDICATORS SUCH AS

19 BEHAVIOR MARKS OR INSTANCES OF SUSPENSION.

20 (V) PARENTS; OR

21 (VI) ADJUDICATED DELINQUENTS.

22 (4) “DROPOUT” MEANS A CHILD WHO HAS CEASED TO ATTEND

23 SCHOOL; DOES NOT ATTEND A PUBLIC OR PRIVATE SCHOOL, TECHNICAL COLLEGE OR
24 HOME-BASED PRIVATE EDUCATIONAL PROGRAM ON A FULL-TIME BASIS; HAS NOT
25 GRADUATED FROM HIGH SCHOOL; AND DOES NOT HAVE AN ACCEPTABLE EXCUSE
26 PROVIDED IN § 7-301(A)(1) OF THIS ARTICLE.

27 (5) “DROPOUT RATE” MEANS THE PERCENTAGE OBTAINED FROM

28 APPLYING THE DROPOUT RATE FORMULA.

29 (6) (I) “DROPOUT RATE FORMULA” MEANS THE NUMBER OF

30 STUDENTS IN A FOUR-YEAR COHORT WHO DROP OUT OF A MARYLAND HIGH SCHOOL
31 DIVIDED BY THE NUMBER OF STUDENTS IN THE FOUR-YEAR COHORT.
 3 HOUSE BILL 444

1 “DROPOUT RATE FORMULA” DOES INCLUDE STUDENTS

(II)
2 WHO GRADUATE ON TIME WITH A GED OR OTHER CERTIFICATE NOT ALIGNED WITH
3 STATE STANDARDS.

4 [(2)](7) (i) "Four-year cohort" means a group of students who

5 enter ninth grade together.

6 (ii) "Four-year cohort" also includes a student who:

7 1. Transfers into the group:

8 A. During the ninth grade of the group's first

9 year in high school;

10 B. During the tenth grade of the group's

11 second year in high school;

12 C. During the eleventh grade of the group's

13 third year in high school; or

14 D. During the twelfth grade of the group's

15 fourth year in high school;

16 2. Is retained in grade; or

17 3. Is enrolled in a GED program.

18 (iii) "Four-year cohort" does not include a student who:

19 1. Dies before graduation;

20 2. Transfers out of the group; or

21 3. The county board confirms has permanently left

22 the United States.

23 (iv) Students retained in grade are only counted once as

24 members of their original cohort.

25 [(3)](8) "Graduation rate" means the percentage obtained from

26 applying the graduation rate formula.

27 [(4)](9) (i) "Graduation rate formula" means the number of

28 students who graduate on time with a Maryland high school diploma divided by the
29 number of students in the four-year cohort.
 4 HOUSE BILL 444

1 (ii) "Graduation rate formula" does not include students who

2 graduate on time with a GED or other certificate not aligned with State standards.

3 (10) “HABITUAL TRUANT” MEANS A PUPIL WHO IS ABSENT FROM

4 SCHOOL WITHOUT AN ACCEPTABLE EXCUSE FOR PART OR ALL OF 5 OR MORE DAYS ON
5 WHICH SCHOOL IS HELD DURING A SCHOOL SEMESTER QUARTER.

6 [(5)](11) (i) "On time" means on or before the conclusion of a

7 four-year cohort's fourth year of high school.

8 (ii) "On time" includes a senior summer session in a

9 jurisdiction that offers senior summer sessions.

10 [(6)](12) (i) "Transfer out" means a student who the county

11 board confirms, via written documentation, has enrolled in another high school or other
12 educational program from which that student is expected to receive a Maryland high
13 school diploma.

14 (ii) "Transfer out" does not include a student enrolled in:

15 1. A GED program; or

16 2. An alternative education program that does not

17 issue or provide credits toward a Maryland high school diploma.

18 (b) The purpose of this section is to:

19 (1) Initiate a process by which the State may achieve the goal of
20 collecting, maintaining, analyzing, and publicly reporting data relating to the graduation
21 rates AND DROPOUT RATES of students in public high schools as an essential step in
22 addressing gaps in educational achievement among a diverse student population; and

23 (2) Explicitly delineate the duties and responsibilities of the

24 Department and the county boards in this regard.

25 (c) (1) Beginning on or before September 1, 2011, and each year

26 thereafter, a county board shall:

27 (i) Collect, maintain, and analyze graduation rates AND

28 DROPOUT RATES for public schools, local school systems, and the State; [and]

29 (II) COLLECT, MAINTAIN, AND ANALYZE DATA RELEVANT TO

30 THE RELATIONSHIP BETWEEN DROPOUT RATES AND GEOGRAPHIC, DEMOGRAPHIC,
31 AND SOCIOECONOMIC FACTORS, INCLUDING;

32 1. SUSPENSION RATES;
 5 HOUSE BILL 444

1 2. STUDENT GRADE REPORTS; AND

2 3. STUDENT PROMOTION RATES.

3 [(ii)](III) Report the information required under [item]

4 ITEMS (i) AND (II) of this paragraph to:

5 1. The public in the aggregate and disaggregated by

6 American Indian, African American, Hispanic, White, Asian/Pacific Islander, students
7 who are limited English proficient, students who receive free and reduced priced meals,
8 and students who receive special education services; and

9 2. The Department.

10 (2) Beginning on or before October 1, 2011, and each year thereafter,

11 the Department shall:

12 (i) Compile the information received under paragraph (1) of

13 this subsection and calculate a graduation rate AND DROPOUT RATE for the State; [and]

14 (II) DEVELOP AND MAINTAIN A TRACKING FORMULA TO BE

15 APPLIED TO STUDENTS IN GRADES 3 THROUGH 12 THAT INCORPORATES THE
16 COLLECTED GRADUATION RATE AND DROPOUT RATE INDICATORS AND ALLOWS LOCAL
17 BOARDS TO DETERMINE WHETHER STUDENTS ARE ON-TRACK OR OFF-TRACK FOR ON-
18 TIME GRADUATION; AND

19 (ii) (III) Post the information obtained under this

20 subsection for each county on its website in the aggregate and disaggregated by
21 American Indian, African American, Hispanic, White, Asian/Pacific Islander, students
22 who are limited English proficient, students who receive free and reduced priced meals,
23 and students who receive special education services.

24 (d) (1) The county boards and the Department [may] SHALL develop and
25 implement additional indicators to collect, maintain, analyze, and publicly report data
26 regarding: [alternative high school completions.]

27 (I) ALTERNATIVE HIGH SCHOOL COMPLETIONS;

28 (II) RISK FACTORS THAT MAY CONTRIBUTE TO THE

29 LIKELIHOOD THAT A STUDENT MAY BECOME A CHILD AT RISK; AND

30 (III)
A SYSTEM WHICH BEGINS TRACKING IN THE SIXTH
31 GRADE AND ASSESSES WHETHER A STUDENT IS ON-TRACK OR OFF-TRACK FOR
32 GRADUATION.
 6 HOUSE BILL 444

1 (2) The Department shall ensure that the information collected under
2 paragraph (1) of this subsection is comparable for public schools and local school
3 systems in the State.

4 (3) THE DEPARTMENT SHALL HIGHLIGHT ANY SIGNIFICANT

5 DISCREPANCIES IN GRADUATION RATES OR DROPOUT RATES BETWEEN LOCAL
6 JURISDICTIONS.

7 (e) The Department shall:

8 (1) Implement training for administrators and other personnel

9 responsible for collecting, maintaining, analyzing, and publicly reporting data regarding
10 four-year cohorts and graduation rates;

11 (2) Implement a standard process for verifying the accuracy of data

12 including:

13 (i) Statistical checks and analyses; and

14 (ii) On-site audits of record-keeping procedures;

15 (3) Implement a public awareness campaign including outreach to

16 civic associations, community-based groups, and parent organizations and the
17 solicitation of suggestions and community support regarding the need for collecting,
18 maintaining, analyzing, and publicly reporting accurate data regarding four-year cohorts
19 and graduation rates;

20 (4) Provide technical support to the county boards with collecting,

21 maintaining, analyzing, and publicly reporting graduation rate data; and

22 (5) Serve as a central repository for this data.

23 (f) (1) On or before November 1 of each year, the State Board shall
24 report to the Governor and, subject to § 2-1246 of the State Government Article, to the
25 General Assembly, regarding:

26 (i) The implementation of this section;

27 (ii) Statistical analyses and data verification processes

28 developed under this section; and

29 (iii) Discrepancies discovered while collecting, maintaining,

30 analyzing, and publicly reporting the information required under this section.

31 (2) The report required under this subsection shall be posted on the
32 Department's website.
 7 HOUSE BILL 444

1 7-301.

2 (a) (1) Except as otherwise provided in this section, each child who
3 resides in this State and is 5 years old or older and under [16] 18 shall attend a public
4 school regularly during the entire school year unless the child: [is otherwise receiving
5 regular, thorough instruction during the school year in the studies usually taught in the
6 public schools to children of the same age.]

7 (I)
HAS OBTAINED A MARYLAND HIGH SCHOOL DIPLOMA,
8 AN EQUIVALENT OUT-OF-STATE HIGH SCHOOL DIPLOMA, OR A GED;

9 (II) IS RECEIVING REGULAR, THOROUGH INSTRUCTION

10 DURING THE SCHOOL YEAR IN THE STUDIES USUALLY TAUGHT IN THE PUBLIC
11 SCHOOLS TO CHILDREN OF THE SAME AGE INCLUDING HOME SCHOOLING AS
12 PROVIDED UNDER COMAR 13A.10.01;

13 (III) IS RECEIVING HOME AND HOSPITAL SERVICES AS

14 PROVIDED UNDER COMAR 13.A.03.05.01-.05;

15 (IV) IS MARRIED;

16 (V) IS IN MILITARY SERVICE;

17 (VI)
IS COMMITTED BY COURT ORDER TO AN INSTITUTION
18 WITHOUT AN EDUCATIONAL PROGRAM;

19 PROVIDES FINANCIAL SUPPORT TO THE CHILD’S FAMILY

(VII)
20 AS DOCUMENTED BY A LOCAL DEPARTMENT OF SOCIAL SERVICES;

21 (VIII) SUBJECT TO THE APPROVAL OF THE COUNTY

22 SUPERINTENDENT, HAS BEEN EXCLUDED UNDER § 7-305 OF THIS SUBTITLE;

23 (IX)
IS PREGNANT OR A PARENT AND IS ENROLLED IN AN
24 ALTERNATIVE EDUCATIONAL PROGRAM;

25 (X) ATTENDS AN ALTERNATIVE EDUCATIONAL PROGRAM;

26 (XI)
SUBJECT TO WRITTEN PARENTAL CONSENT AND
27 WRITTEN AGREEMENT WITH THE COUNTY BOARD, ATTENDS A PUBLIC SCHOOL ON A
28 PART-TIME BASIS AND ATTENDS A PRIVATE CAREER SCHOOL AS DEFINED UNDER § 10-
29 1001 OF THIS ARTICLE OR PARTICIPATES IN GED COURSES ON A PART-TIME BASIS; OR

30 (XII) IS WAIVED FROM THE PROVISIONS OF THIS SECTION BY

31 THE STATE SUPERINTENDENT.
 8 HOUSE BILL 444

1 (2) In accordance with regulations of the State Board of Education, a

2 child who resides in this State and is 5 years old may be exempted from mandatory
3 school attendance for 1 year if the child's parent or guardian files a written request with
4 the local school system asking that the child's attendance be delayed due to the child's
5 level of maturity.

6 (3) Except as provided in subsection (f) of this section or in

7 regulations of the State Board of Education, each child who resides in this State shall
8 attend a kindergarten program regularly during the school year prior to entering the first
9 grade unless the child is otherwise receiving regular, thorough instruction in the skills
10 and studies usually taught in a kindergarten program of a public school.

11 (b) A county superintendent, school principal, or an individual authorized by

12 the county superintendent or principal may excuse a student for a lawful absence.

13 (c) Each person who has legal custody or care and control of a child who is
14 5 years old or older and under [16] 18 shall see that the child attends school or receives
15 instruction as required by this section.

16 (d) (1) This section applies to any child who has a mental, emotional, or
17 physical handicap.

18 (2) This section does not apply to a child:

19 (i) Whose mental, emotional, or physical condition makes

20 [his] THE CHILD’S instruction detrimental to [his] THE CHILD’S progress; or

21 (ii) Whose presence in school presents a danger of serious

22 physical harm to others.

23 (3) With the advice of the school principal, supervisor, pupil

24 personnel supervisor, or visiting teacher and with the written recommendation of a
25 licensed physician or a State Department of Education certified or licensed
26 psychologist, the county superintendent may:
27
28 (i) Make other appropriate provisions for the free education
29 of any student excepted from attendance under paragraph (2) of this subsection; or
30
31 (ii) Permit the parents or guardians of that student to
32 withdraw [him] THE CHILD from public school, for as long as the attendance of the
33 child in a public school would be detrimental to [his] THE CHILD’S progress or [his]
34 THE CHILD’S presence in school would present a danger of serious physical harm to
35 others.
 9 HOUSE BILL 444

1 (4) If a child is withdrawn from a public school under this

2 subsection, the county board shall make other appropriate provisions for the education
3 of the child.

4 (5) If an appropriate educational placement is not available

5 immediately, the county board shall make interim provisions for the education of the
6 child until an appropriate placement becomes available.

7 (e) (1) Any person who induces or attempts to induce a child to [absent
8 himself] BE ABSENT unlawfully from school or employs or harbors any child who is
9 absent unlawfully from school while school is in session is guilty of a misdemeanor and
10 on conviction is subject to a fine not to exceed $500 or imprisonment not to exceed 30
11 days, or both.

12 (2) Any person who has legal custody or care and control of a child
13 who is 5 years old or older and under [16] 18 who fails to see that the child attends
14 school or receives instruction under this section is guilty of a misdemeanor and:

15 (i) For a first conviction is subject to a fine not to exceed $50

16 per day of unlawful absence or imprisonment not to exceed 10 days, or both; and

17 (ii) For a second or subsequent conviction is subject to a fine

18 not to exceed $100 per day of unlawful absence or imprisonment not to exceed 30 days,
19 or both.

20 (3) As to any sentence imposed under this section, the court may
21 suspend the fine or the prison sentence and establish terms and conditions which would
22 promote the child's attendance. [The suspension authority provided for in this
23 subsection is in addition to and not in limitation of the suspension authority under § 6-
24 221 of the Criminal Procedure Article.] THE CONDITIONS MAY INCLUDE, BUT ARE NOT
25 LIMITED TO, THE FOLLOWING:

26 (I) VERIFYING ATTENDANCE OF THE CHILD WITH THE

27 SCHOOL;

28 (II) ATTENDING MEETINGS WITH SCHOOL OFFICIALS;

29 (III) TAKING THE CHILD TO SCHOOL;

30 (IV) TAKING THE CHILD TO THE BUS STOP;

31 (V) ATTENDING SCHOOL WITH THE CHILD;

32 (VI) UNDERGOING AN EVALUATION FOR DRUG, ALCOHOL, OR

33 OTHER SUBSTANCE ABUSE AND FOLLOWING THE RECOMMENDATIONS OF THE
34 EVALUATOR; AND
 10 HOUSE BILL 444

1 (VII) TAKING THE CHILD FOR DRUG, ALCOHOL, OR OTHER

2 SUBSTANCE ABUSE EVALUATION AND FOLLOWING THE RECOMMENDATIONS OF THE
3 EVALUATOR, UNLESS EXCUSED BY THE COURT.

4 (e-1) (1) This subsection applies only in Dorchester County, Harford

5 County, Prince George's County, Somerset County, Wicomico County, and Worcester
6 County.

7 (2) A charge under this section may be filed in the juvenile court and
8 assigned to a truancy docket for disposition under Title 3, Subtitle 8C of the Courts
9 Article.

10 (3) (i) For a person with legal custody or care and control of a
11 child at the time of an alleged violation of this section, it is an affirmative defense to a
12 charge under this section that the person made reasonable and substantial efforts to see
13 that the child attended school as required by law but was unable to cause the child to
14 attend school.

15 (ii) If the court finds the affirmative defense is valid, the court
16 shall dismiss the charge under this section against the defendant.

17 (4) The court may condition marking a charge under this section stet
18 on participation of the defendant in the appropriate Truancy Reduction Pilot Program
19 under Title 3, Subtitle 8C of the Courts Article.

20 (f) A child may be exempted from attending kindergarten if a parent or

21 guardian of the child files a written request with the local school system and verifies
22 that the child is enrolled:

23 (1) Full time in a licensed child care center;

24 (2) Full time in a registered family day care home; or

25 (3) Part time in a Head Start 5 year old program.

26 SECTION 2. AND BE IT FURTHER ENACTED, That if any provision of this

27 Act or the application thereof to any person or circumstance is held invalid for any
28 reason in a court of competent jurisdiction, the invalidity does not affect other
29 provisions or any other application of this Act which can be given effect without the
30 invalid provision or application, and for this purpose the provisions of this Act are
31 declared severable.

32 SECTION 3. AND BE IT FURTHER ENACTED, That the Maryland State

33 Department of Education and local boards shall be provided reasonable accommodation
34 for implementation of new data-collection changes related to dropout prevention
 11 HOUSE BILL 444

1 indicators. To the extent possible, the Department and local boards shall be provided a
2 six month extension to all prior deadlines not associated with the reporting or
3 publishing of statewide graduation rate data.

4 SECTION 4. AND BE IT FURTHER ENACTED, That a child who is 16 years

5 old or older and under 18 on or before July 1, 2009 2010, but will be 18 years old or
6 older on or before July 1, 2010 2011, shall:

7 (1) attend alternative educational programs; or

8 (2) to the extent practicable, be given information regarding GED

9 programs by the county board of education.

10 SECTION 5, AND BE IT FURTHER ENACTED, That the provisions of this

11 Act relating to the increase in the mandatory age of school attendance and the
12 punishments associated with the compulsory age of school attendance shall not apply
13 until after the 2010-2011 school year.

14 SECTION 4 6. AND BE IT FURTHER ENACTED, That, on or before two

15 three years after the enactment of this Act, the Maryland State Department of Education
16 shall present a report to the Governor and the General Assembly that:

17 (1) describes the practical effects of this Act on local school boards;

18 (2) presents a comprehensive assessment of the potential savings

19 having already resulted from this Act and which may be attributed to the Act in the
20 future; and

21 (3) projects the future annual and long-run costs that this Act may be
22 responsible for to the State and local boards of education.

23 And should the Maryland State Department of Education’s report to the

24 Governor and General Assembly attribute direct costs as exceeding $10,000,000 in
25 total, annual expenditures required to continue adequate funding of this Act, net costs as
26 having exceeded $10,000,000 per school year to have funded this Act adequately, and
27 should the report indicate that projected direct net costs for the following three years
28 would be greater than $10,000,000 per school year to continue to fund this Act
29 adequately, then the Act shall be immediately null and void without the necessity of
30 further action by the General Assembly.

31 SECTION 6. AND BE IT FURTHER ENACTED, That this Act shall take

32 effect July 1, 2009.