Ch. 467                                    2003 LAWS OF MARYLAND

(4)     approve each proposed plan that meets the requirements of this
section; and

(5)     monitor and help in the administration of each plan to ensure
compliance.

(c) (1) In the preparation of a form that requires identification of
individuals by race, a department or independent unit shall include the following
racial categories:

(i)     American Indian or Alaska Native;

(ii)    Asian;

(iii)   Black or African American;

(iv)    Native Hawaiian or other Pacific Islander; and

(v)     White.

(2)     A form that requires identification of individuals by race shall
include instructions that multiracial respondents may select all applicable racial
categories.

(3)     (i) Respondents shall select their own answers, except when it is
not possible for the respondent to do so.

(ii) In the event that a respondent is not able to select an answer,
an observer, such as a family member or friend, may select the answer on behalf of
the respondent.

(4)     A form that requires identification of individuals by race shall
include a separate question about whether a respondent is of Hispanic or Latino
origin, with the question preceding the racial category question.

Chapter 459 of the Acts of 1998, as amended by Chapter 91 of the Acts of 2000

SECTION 2. AND BE IT FURTHER ENACTED, That, except as provided in
Section 3 of this Act, the standards enacted under this Act shall be applicable to a
data collection form that is created or revised after the effective date of this Act, and
the standards shall be applicable to all data collection forms no later than January 1,
2002.

SECTION 3. AND BE IT FURTHER ENACTED, That the standards shall be
applicable to all data collection forms for schools, school systems, and the State
Department of Education [no later than] BY July 1, [2003] 2006, OR BY THE DATE
ESTABLISHED BY THE UNITED STATES DEPARTMENT OF EDUCATION, WHICHEVER
OCCURS SOONER

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
June 1, 2003.

Approved May 22, 2003.

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