The Arc Maryland's Weekly Legislative Update 
 For the Week of February 5 - 9, 2018
Greetings from The Arc Maryland's Public Policy Team! Throughout the 2018 Session of the Maryland General Assembly, we bring you weekly recaps and updates every Monday on key legislation from the previous week, along with some action items for the week ahead. The Legislative Session runs from January 10 - April 9, 2018. 
There are a lot of hearings and several new bills this week. Please check out our bill tracker and the hearing schedule below!
*For a key of the Committee abbreviations, please click here or see  the end of this Newsletter*
This Week's Top 5 Bills to Watch- Children
 
HB 10 : State Lottery - Unclaimed Prizes - Public Prekindergarten Programs
Status:  Post Hearing, Awaiting Report

HB 10 requires that unclaimed State lottery prizes be distributed to each county Board of Education for funding of Universal Public Prekindergarten programs. The Arc Maryland supports this bill with written testimony to encourage the expansion of the current program of early childhood education by increasing the funding for prekindergarten expansion grants.

HB 251/SB 402: Education - Family Life and Human Sexuality Curriculum - Boundaries and Consent 
Status: HB 251 Hearing on 2/15 at 1 pm in W&M, SB 402 Hearing on 2/14 at 2 pm in EHEA

HB 251 and SB 402 require that each county Board of Education provides age appropriate instruction on the meaning of "consent" and respect for personal boundaries as part of the Family Life and Human Sexuality curriculum in every grade where the Family Life curriculum is taught. 
Recent studies have shown that people with intellectual and developmental disabilities are victims of sexual abuse at a rate that is 7 times higher than people without disabilities. The Arc Maryland supports HB 251 and SB 402 to add instruction on consent as an empowerment tool for all children and a critical step in the fight to end vulnerable adult abuse.  We are making suggestions to include consideration of different learning styles to accommodate students with a wide range of abilities.

HB 351 / SB 301 : Protect Our Students Act of 2018
Status: HB 351 First Reading in W&M, SB 301 Hearing on 2/7 at 12:45 pm in EHEA

HB 351 and SB 301 require that the educational accountability programs, that help determine the quality of public schools, include multiple quality indicators. There must be at least three quality indicators that are measured by the accountability programs, which can include class size, case load, student opportunities, chronic absenteeism, teacher certifications, and data on discipline and restorative practices. The Arc Maryland is currently monitoring this bill to ensure proper consideration for students with intellectual and developmental disabilities. 

HB 355 / SB 302 : Accountability in Education Act of 2018
Status: HB 355 First Reading in W&M and APP, SB 302 Hearing on 2/7 at 12:45 pm in EHEA

HB 355 and SB 302 require the creation of the Education Monitoring Unit. The Unit's function is to monitor, investigate, and report on issues including, but not exclusive to,  the civil rights of teachers, students, and parents, child abuse, neglect, safety, grading, graduation requirements, and fraud. The Arc Maryland is currently monitoring this bill to ensure provisions for monitoring and reporting restraint and seclusion along with other factors. 

HB 366 : Education - PARCC Testing - Children With Disabilities (Ben's Rule)
Status: Hearing on 2/8 at 1 pm in W&M

HB 366 allows for a parent or guardian of a child with a disability who is nonverbal to refuse to allow their child to participate in a Partnership for Assessment of Readiness for College and Careers (PARCC) assessment. This bill was introduced previously and The Arc's position was to oppose the bill.  The Arc Maryland believes that exempting students with disabilities from State and district-wide assessments is a violation of the Individuals with Disabilities Education Act (IDEA). Students with intellectual and developmental disabilities have a right to take assessments and access accommodations that are included in their Individual Education Programs (IEPs). Such accommodations can include the use of assistive technology, specifically augmentative and alternate communication devices.

This Week's Top 5 Bills to Watch-
Adults (TY), Providers, and Global Issues
 
HB 664 / SB 543  Labor and Employment- Payment of the Minimum Wage Required ("Fight for 15")
Status: Hearing on 2/27 at 1 p.m. in House EM, Hearing on 2/20 at 1 p.m. in Senate FIN

HB 664/SB 543 proposes to increase the state minimum wage incrementally to $15 per hour by July 1, 2023, and then by the Consumer Price Index (CPI) every year beginning July 1, 2024.  The bill includes a provision to increase DD funding for Community Providers each year to address Direct Care Provider wages with related expenses and COLA.  Funding would be increased by 7% in FY20, followed by 5.5% in each of the years from FY21 to FY24.  This provision is designed to keep the wage factor in the DD rate at a certain percentage above minimum wage as the state minimum wage increases. 

The Arc Maryland believes that Direct Support Professionals perform a critical role in our system of supports in Maryland and that one way we address the Direct Care crisis is through increasing the DD funded wage factor in the DDA rates.  

HB 185: Prince George's County Board of Education- Students with a Disability in Prince George's County Public Schools- Report
Status: Hearing on 2/8 at 1 p.m. in W&M

HB 185 requires the Prince George's County Board of Education to gather certain information about students with a disability in each public school in Prince George's County, requires the county board to study certain matters regarding students with a disability in Prince George's County public schools, and requires the county board to report its findings to the Prince George's County Delegation to the General Assembly on or before January 20, 2019.

While some of the data points required through the bill may already be found in both aggregate and stand-alone MSDE reports, they are not in a format considered to be of use to families nor provide optimal transparency.

The Maryland Public Schools arrest data for 2015-2016 showed that there were 588 school system arrests in Prince George's County alone. That was the highest number of arrests, out of all school systems in the state, by almost 200 arrests. The number of children receiving Special Education and Section 504 services represented a large number of the children arrested. The documented causes and situations are not specific enough for advocates to determine whether another course of action might have been more appropriate. We believe this bill will may provide for enhanced data,

The Arc Maryland is requesting the addition of one area for tracking; tracking the path and ultimate post-graduation placements for Transitioning Youth in Prince George's County.  In 2017, there were several Transitioning Youths from Prince George's County who did not have community supports (DORS, DDA Provider) for months after graduation.  This gap is highly disruptive to the young adults and their family units.
 
HB 580 /SB 250: Landlord and Tenant- Prohibited Lease Provisions- Late fees for Tenants Receiving Government Benefits.
Status:  Hearing in the House on 2/13 at 1 p.m. in E&T

HB 580/SB 250 would prohibit a landlord from including a certain provision in a residential lease that provides for a penalty for the late payment of rent if the tenant receives a government benefit under certain circumstances.  

The Arc Maryland supports this bill as many individuals with I/DD receive and rely on SSI/SSDI and other government benefits to pay rent.  In some documented cases, late fees have been severe, impacting housing stability.

HB 786 / SB 539: Correctional Services- Restrictive Housing- Limitations
Status: Hearing in the House on 2/15 at 1 p.m. in JUD and Hearing in the Senate on 2/13 at 1 p.m. in JPR

HB 786 /SB 539  Restricts to 15 consecutive days or a total of 90 days that an inmate may be placed in restrictive housing in a 1-year period and prohibits a certain vulnerable inmate (an inmate with Developmental Disabilities) from placement in restrictive housing under certain circumstances; etc.  
The Arc Maryland supports HB786/ SB539.

According to a recent investigative report completed by Disability Rights Maryland: Beyond Incarceration:  Lock Down for Persons with Disabilities, there is widespread harm and misuse of segregation, and legal violations in our prison system.  We seek reform including safer alternatives to segregation and other punitive measures. 

HB 287/ SB 461: Selling or Providing Alcoholic Beverages to Individuals with Intellectual Disabilities and Others- Repeal of Prohibition
Status: Hearing in the House on 2/23 at 1 p.m. in ECM and Hearing in the Senate on 2/23 at 1 p.m. in EHEA

The bill repeals provisions of law in Allegany, Carroll, Charles, Harford, Kent, Montgomery, Queen Anne's, and Washington counties that prohibit a license holder or an employee from knowingly selling or providing an alcoholic beverage to an individual with an intellectual disability or to an individual if a family member or guardian has given written notice to the license holder or employee under certain circumstances.

The Arc Maryland Supports this bill.  Refusing to serve a person on the basis of disability or the assumption of a disability is discriminatory.



We Need Your Help

The Arc Maryland is continuing to collect stories on the impact that various bills and actions could have on individuals with I/DD and their families. Please join our advocacy efforts by clicking on the links below to share your stories!
Bill Tracker
Click here for The Arc Maryland Bill Tracker. (Click on the bill number in the chart to see the full bill)
This Week's Notable Hearings
February 6th
  • House: Appropriations (APP) - House of Delegates Office Building, Room 120 at 1 pm
    • HB 24, Public Safety - Maryland Police Training and Standards Commission Fund
    • Description: The purpose of requiring the Comptroller to pay annually a certain portion of certain court costs collected by the District Court to the Maryland Police Training and Standards Commission Fund.
  • House: Ways & Means (W&M) - House of Delegates Office Building, Room 130 at 1 pm
    • HB 152, Secure and Accessible Registration Act
    • Description: The purpose of redesignating electronic voter registration agencies as automatic voter registration agencies.
  • House: Judiciary (JUD) - House of Delegates Office Building, Room 100 at 1 pm
    • HB 385, Criminal Procedure - Incompetency and Criminal Responsibility
    • Description: The purpose of requiring a court to determine eligibility for and conditions of pretrial release for a certain defendant in accordance with certain rules at a certain time.
  • House: Appropriations (APP) - House of Delegates Office Building, Room 120 at 1 pm
    • HB 226, Public Schools - Sprinkler Systems - Required
    • Description: The purpose of requiring that a sprinkler system that meets certain requirements be installed in each public school building in the State.
 
February 7th
  • Senate: Education, Health, & Environmental Affairs (EHEA) - 2 West Miller Senate Building at 12:45 pm 
    • SB 301, Protect Our Students Act of 2018
    • Description: The purpose of requiring a certain educational accountability program to include certain school quality indicators; altering the maximum percentage of a certain total of academic indicators that may comprise a certain composite score.
  • Senate: Education, Health, & Environmental Affairs (EHEA) - 2 West Miller Senate Building at 12:45 pm 
    • SB 302, Accountability in Education Act of 2018
    • Description: The purpose of establishing the Education Monitoring Unit in the State; providing that the Unit is an independent unit in the State; requiring the Unit to investigate, analyze, and report on certain matters, establish certain goals, and employ certain staff; establishing certain qualifications for the Investigator General of the Unit.
  • Senate: Judicial Proceedings (JPR) - 2 East Miller Senate Building at 1 pm
    • SB 233, Maryland Department of Health - Defendants Found Incompetent to Stand Trial or Not Criminally Responsible - Commitment
    • Description: The purpose of requiring a court to enter a certain commitment order if the court makes a certain finding.
  • Senate: Education, Health, & Environmental Affairs (EHEA) - 2 West Miller Senate Building at 12:45 pm 
    • SB 261, Community Colleges - Vocational Certificates, Apprenticeship Training 2 Programs, and Associate Degrees - Tuition Assistance
    • Description: The purpose of establishing the Community College Vocational Certificate, Apprenticeship Training Program, and Associate's Degree Tuition Assistance Program.
  • Senate: Finance (FIN) - 3 East Miller Senate Building at 1 pm
    • SB 169, Public Health - Prescription Drug and Medical Supply Access and Affordability Workgroup
    • Description: The purpose of requiring the Secretary of Health to convene a workgroup to study the advisability of the State forming a generic drugs and medical supplies purchasing cooperative and establishing Maryland as an open formulary State.
  • Senate: Finance (FIN) - 3 East Miller Senate Building at 1 pm
    • SB 284, Maryland Medical Assistance Program - Dental Coverage for Adults
    • Description: The purpose of requiring the Maryland Medical Assistance Program, beginning on a certain date and subject to certain limitations, to provide certain dental coverage for certain adults; repealing a certain contingency.
 
February 8th
  • House: Ways & Means (W&M) - House of Delegates Office Building, Room 130 at 2 pm
    • HB 185, Prince George's County Board of Education - Students With a Disability in Prince George's County Public Schools - Report
    • Description: The purpose of requiring the Prince George's County Board of Education to gather certain information about students with a disability in each public school in Prince George's County.
  • House: Ways & Means (W&M) - House of Delegates Office Building, Room 130 at 1 pm
    • HB 251, Education - Family Life and Human Sexuality Curriculum - Boundaries and Consent
    • Description: The purpose of requiring a county board of education to provide age-appropriate instruction on the meaning of "consent" and respect for personal boundaries as part of the Family Life and Human Sexuality curriculum in all grades in which the curriculum is taught in public schools in the county beginning in a certain school year; defining a certain term; and generally relating to the Family Life and Human Sexuality curriculum in public schools in the State.
  • House: Ways & Means (W&M) - House of Delegates Office Building, Room 130 at 1 pm
    • HB 366, Education - PARCC Testing - Children With Disabilities (Ben's Rule)
    • Description: The purpose of authorizing a parent or guardian of a child with a disability who is nonverbal to refuse to allow the child to participate in a Partnership for Assessment of Readiness for College and Careers (PARCC) assessment or its equivalent in a public school.
  • House: Ways & Means (W&M) - House of Delegates Office Building, Room 130 at 1 pm
    • HB 393 , Elementary School Students - Daily Physical Activity
    • Description: The purpose of requiring a public school student in elementary school to be provided a certain minimum level of a program of physical activity each week; requiring that the program of physical activity for a certain category of student be consistent with a certain plan for the student.
  • House: Ways & Means (W&M) - House of Delegates Office Building, Room 130 at 1 pm
    • HB 427, Public Schools - Student Sunscreen Use - Policy
    • Description: The purpose of requiring each county board of education to adopt a certain written policy to authorize a student to possess and use sunscreen on school property or at a school-sponsored activity without written permission from a health care provider.
  • House: Judiciary (JUD) - House of Delegates Office Building, Room 100 at 1 pm
    • HB 479,  Juvenile Law - Lead Testing and Behavioral Health Assessment
    • Description: The purpose of requiring, instead of authorizing, the juvenile court to order a child to undergo blood lead level testing under certain circumstances.
Click Here  to register for DD Day at the Legislature!
key
Please note: the following abbreviations identify the legislative committees in the Maryland General Assembly.

House of Delegates
  • Economic Matters Committee - EMC
  • Environment and Transportation Committee - E&T
  • Health and Government Operations Committee - HGO
  • Judicial Committee - JUD
  • Ways and Means Committee - W&M
Senate 
  • Budget & Taxation Committee - B&T
  • Education, Health, and Environmental Affairs Committee - EHEA
  • Finance Committee - FIN
  • Judicial Proceedings Committee - JPR
The Arc Maryland Public Policy Team 

Ande Kolp, Executive Director

Tonia Ferguson , Esq., Director of Public Policy & Special Initiatives
Lori Scott, RN, MS, Public Policy Fellow
Grace Williams ,  Public Policy Fellow