1. A. Educational entities have a responsibility to protect every student’s right to learn in an environment free from unlawful discrimination.

2. B. Entities identified in Regulation .01B of this chapter may not:

   1. (1) Discriminate against a current student, a prospective student, or the parent or guardian of a current or prospective student on the basis of race, ethnicity, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability;
   2. (2) Refuse enrollment of a prospective student, expel a current student, or withhold privileges from a current student, a prospective student, or the parent or guardian of a current or prospective student because of an individual's race, ethnicity, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability; or
   3. (3) Discipline, invoke a penalty against, or take any other retaliatory action against a student or parent or guardian of a student who files a complaint alleging that the program or school discriminated against the student, regardless of the outcome of the complaint.
3. C. Entities identified in Regulation .01B(1) of this chapter shall adopt and maintain a written antidiscrimination policy that prohibits unlawful discrimination as described in §B of this regulation.

4. D. Entities identified in Regulation .01B of this chapter shall include the following antidiscrimination statement in their student handbook: “It is the policy of the State of Maryland that all public and publicly funded schools and school programs operate in compliance with:

   1. (1) Title VI of the federal Civil Rights Act of 1964; and

   2. (2) Title 26, Subtitle 7 of the Education Article of the Maryland Code, which states that public and publicly funded schools and programs may not:

      1. (a) Discriminate against a current student, a prospective student, or the parent or guardian of a current or prospective student on the basis of race, ethnicity, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability;
      2. (b) Refuse enrollment of a prospective student, expel a current student, or withhold privileges from a current student, a prospective student, or the parent or guardian of a current or prospective student because of an individual's race, ethnicity, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability; or
      3. (c) Discipline, invoke a penalty against, or take any other retaliatory action against a student or parent or guardian of a student who files a complaint alleging that the program or school discriminated against the student, regardless of the outcome of the complaint.”

Authority: Education Article, §§2-303, 4-108, and 26-701 et seq.; State Government Article, §§10-122 and 10-201 et seq., Annotated Code of Maryland; Federal Statutory References: 29 U.S.C. §794 et seq. and 42 U.S.C. §12101 et seq.

Effective date: December 25, 2023 (50:25 Md. R. 1089)