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Policies & Regulations → Summary of Changes for 2020-2021 School Year

Summary of Changes

2020-2021 School Year

New and Revised Board of Education Policies and MCPS Regulations

New Board of Education Policies 

ACI, Sexual Harassment of MCPS Employees

On June 29, 2021, the Board of Education adopted the new Policy ACI, Sexual Harassment of Employees, to implement all aspects of Title VII and Title IX applicable to sexual harassment of employees. 

The new policy aligns with federal regulations promulgated by the U.S. Department of Education on May 6, 2020 to govern reporting, investigation, and discipline of incidents of sexual harassment as a form of sexual discrimination under Title IX of the Education Amendments of 1972, as amended.  These federal regulations set forth a definition of sexual harassment under Title IX and specific reporting, investigation, and training procedures for K-12 education institutions as well as postsecondary educational institutions receiving federal education funds. 

Conduct that does not meet the elements of sexual harassment under Title IX, as defined in federal regulations, may constitute sexual harassment as a form of sexual discrimination under of Title VII of the Civil Rights Act of 1964, amended in 1972 and 1991, Some forms of sexual harassment may also constitute criminal conduct resulting in criminal penalties.

Amended Board of Education Policies

ACA, Nondiscrimination, Equity, and Cultural Proficiency  

On June 29, 2021, the Board of Education adopted compliance-related amendments to Board Policy ACA that bring it into alignment with Code of Maryland Regulations (COMAR) section 13A.01.06, Educational Equity; federal language regarding English learners; and the October 27, 2020, Board Resolution No. 481-20: Resolution for Banning Symbols of Hatred and Intimidation, as amended.    

ACF, Sexual Misconduct and Sexual Harassment of Students

On June 29, 2021, the Board of Education amended the policy, formerly titled, Policy ACF, Sexual Harassment, and adopted amendments and a new title, Sexual Misconduct and Sexual Harassment of Students.  The amended policy aligns with federal regulations promulgated by the U.S. Department of Education on May 6, 2020 to govern reporting, investigation, and discipline of incidents of sexual harassment as a form of sexual discrimination under Title IX of the Education Amendments of 1972, as amended.  These federal regulations set forth a definition of sexual harassment and specific reporting, investigation, and training procedures for K-12 education institutions as well as postsecondary educational institutions receiving federal education funds.

Conduct that does not meet the elements of sexual harassment, as defined in federal law, may constitute sexual misconduct, which is also subject to investigation and discipline in accordance with Board Policy JHF, Bullying, Harassment, or Intimidation, the Student Code of Conduct in MCPS, and the MCPS Employee Code of Conduct.

IQD, Extracurricular Activities

The Board amended and renamed Board Policy IQD, Extracurricular Activities, on March 23, 2021 to encourage student engagement in school through a variety of extracurricular activities, with and without academic eligibility requirements.  The Board further seeks to achieve a better balance between state and collegiate expectations and the Board’s interest in making extracurricular activities, including interscholastic sports, accessible to as many students as possible.  Highlights of the Board’s amendments include the following topics:  

  • Academic eligibility requirements are removed for middle and high school students participating in extracurricular activities other than interscholastic sports, such as student government, fine arts, and academic teams. 
  • Academic eligibility requirements for middle school students participating in interscholastic sports are unchanged, and require a 2.0 grade point average with no more than one failing grade in the previous marking period, beginning in the second marking period of middle school. 
  • The 2.0 grade point average remains unchanged for high school students participating in interscholastic sports with no more than one failing grade in the previous marking period. 
  • However, academic eligibility requirements begin in the second year in any high school, as determined by the student’s marking period average in the fourth quarter of their first year of high school.    

PLEASE NOTE:  For the 2021-2022 school year, Policy IQD provisions regarding academic eligibility for interscholastic athletics are as follows:   

  • Academic eligibility requirements for interscholastic athletics for students entering their first year of high school in the 2021-2022 and subsequent school years become effective as of their second year in high school.  For example, a student beginning their first year of high school in 2021-2022 will be subject to academic eligibility requirements for interscholastic athletics beginning in 2022-2023, as determined by their marking period average in the fourth quarter of the 2021-2022 school year. 
  • Board Resolution No. 6-21, Extension of Eligibility Suspension, temporarily suspended part of Policy IQD to grant academic eligibility for interscholastic athletics to all secondary students for the first marking period for the 2021‒2022 school year, to make extracurricular activities, including interscholastic sports, accessible to as many students as possible. 
    • This means that only for the first marking period of the 2021-2022 school year there are no academic eligibility requirements for middle and high school students playing interscholastic sports.  After the first marking period, updated Policy IQD requirements will take effect, as follows:  
      • Middle school:  In order to participate in interscholastic sports during the second and subsequent marking periods of the 2021-2022 school year, middle school students must maintain a 2.0 grade point average with no more than one failing grade in the previous marking period.  For example, for the 2021-2022 school year, a middle school student’s eligibility to play interscholastic sports in the second marking period will depend on the student’s first marking period grades. 
      • High School:  In order to participate in interscholastic sports during the second and subsequent marking periods of the 2021-2022 school year, students in their second and subsequent years of high school must maintain a 2.0 average with no more than one failing grade in the previous marking period.  For example, for the 2021-2022 school year, a second year high school student’s eligibility to play interscholastic sports in the second marking period will depend on the student’s first marking period grades. 

JEE, Student Transfers

The Board of Education amended Board Policy JEE, Student Transfers , on October 6, 2020, to ensure the policy is responsive to the needs of all students, especially the provisions that determine the nature of the hardships that qualify a student for a transfer.  Highlights of the Board's amendments include the following topics:  

  • unique hardships that may qualify students for transfers based on family circumstances; 
  • extenuating circumstances related to the medical, emotional, or social well-being of a student; 
  • child care needs may be considered a unique hardship for a transfer but the circumstances related must be extremely significant for students beyond the elementary level; 
  • clarification of the provision for receiving a transfer based on a sibling's school of attendance, and definition of siblings; 
  • clarification of transfers for family moves within the school year are granted for the remainder of the school year; 
  • conditions for approving transfers of eligible children of staff members; 
  • academic transfers for high school students; 
  • consideration of school underutilization in granting a COSA; and
  • adjustments to make reapplication procedures more consistent for students on approved transfers transitioning from elementary-to-middle school or middle-to-high school.  

New MCPS Regulations

EGF-RB, Retention and Disclosure of MCPS Video Records

On May 27, 2021, Montgomery County Public Schools (MCPS) Regulation EGF-RB, Retention and Disclosure of MCPS Video Records, was created to provide guidance regarding the retention and disclosure of video footage from MCPS security cameras.  Recordings from MCPS security cameras are subject to legal protections.  MCPS complies sully with its legal requirements to protect individual privacy and disclose information, as required.  For security reasons, and to comply with its legal obligations to protect individual privacy, MCPS imposes strict limits on access to MCPS security camera videos.  Video footage recorded by MCPS security cameras may depict misconduct, a serious incident, and/or criminal conduct on MCPS property, including a school bus.  As a general matter, no student, staff member, or visitor has a right or reasonable expectation of privacy when being recorded or photographed in those areas where MCPS security cameras are located, such as hallways, cafeterias, gymnasiums, auditoriums, and exterior school grounds, as well as the interior and exterior of MCPS school buses.  Classrooms are not considered public spaces, and as such, MCPS does not have video surveillance in classrooms. 

Revised MCPS Regulations

JEA-RC, Enrollment and Placement of International and Foreign Students
On March 5, 2021, Montgomery County Public Schools (MCPS) Regulation JEA-RC, Enrollment and Placement of International and Foreign Students, was revised by the superintendent of schools. Updates included revisions of the definition of an “international student” to clarify that the term does not include students who have attended a U.S. school system such as a Department of Defense school or an accredited American International school in a foreign country. The required school documents have been updated, to include a list of records from partial and current school years and national test scores. Students who are old enough to have graduated or who may have completed the equivalent of a high school diploma in another country may be subject to further evaluation before an enrollment decision can be made.

IGP-RA , Comprehensive Health Education Instructional Program
On September 2, 2020, Montgomery County Public Schools (MCPS) Regulation IGP-RA, Comprehensive Health Education Instructional Program , was revised by the superintendent of schools to align with recent Maryland State Department of Education (MSDE) revisions of Code of Maryland Regulations 13A.04.18.01, Comprehensive Health Education Instructional Programs for Grades Prekindergarten-12.  MSDE updates revised health education content areas, incorporated mandated instruction requirements, and updated disease prevention language in Programs in Comprehensive Health Education for Grades Prekindergarten-12 .

Rescinded Board of Education Policies

Rescinded MCPS Regulations