The Arc Maryland's Weekly Legislative Update 
 For the Week of February 26 - March 2, 2018

DD Day at the Legislature 2018 is "in the books"! 
 
Maryland members of The Arc constituted a large percentage of the 800+ crowd who attended the event on February 22 in a sea of Arc orange!  After the presentations and briefings, participants headed down to the legislature to have meetings with their representatives, advocate for session priorities and educate their representatives about the effects that budget shortfalls and certain bills may have on individuals with disabilities, the ir families and the organizations who support them.  Go to The Arc Maryland Facebook page and The Maryland Developmental Disabilities Coalition Facebook page to see photos from the day and the live-streamed video of the event. 
 

The DDA budget hearings are in the House and Senate this week.  See below for dates, times, and places of these hearings. 

 

The Maryland Developmental Disabilities Coalition is coordinating panels of speakers for the hearings.  Although the panels are formed and balanced to address various aspects of the budget, please let us know if you have an interest in providing written and/or verbal testimony.

 

Please plan to attend the DDA Budget Hearings OR the BRFA hearings (happening at the same time) to fill the rooms and show your support for a restoration of the 3.5% increase in DD Community Services Funding.  Please wear Arc attire or orange so our representatives can identify you and the issue that is important to you. 

 

There are a lot of other hearings as well this week and new bills added to the tracker. 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*

Here's a Recap of Last Week's Notable Hearings

HB 493/SB 638:  Teachers and Teacher Preparation Programs - Research-Based Reading Instruction 

Bills HB 493 and SB 638 require the Professional Standards and Teacher Education Board to require a candidate for a certificate to teach certain students to pass a test of research-based reading instruction.

Status: HB 493 Post Hearing, Awaiting Report from W&M, SB 638 Hearing is this week on 2/28 at 1 pm in EHEA

Position:  The Arc Maryland supports this bill and has provided written testimony for this bill as it sets standards for the delivery of research-based reading instruction by teacher preparation programs in the State. There is a great need for teachers who have both the knowledge and the ability to teach students with disabilities and students with multiple needs. 

  HB 910/ SB 548:  Education - Students With Reading Difficulties - Screenings and Interventions

Bills HB 910 and SB 548 require that certain county boards of education ensure that a certain student is screened to identify if the student is at risk for reading difficulties beginning with the 2019-2020 school year.

Status: HB 910 Post Hearing, Awaiting Report from W&M, SB 548 Post Hearing, Awaiting Report from EHEA

Position: The Arc Maryland supports this bill with amendments in collaboration with the Education Advocacy Coalition and has provided written testimony. Reading is critical to the academic, economic, and social success of children but many children, including children with disabilities complete school without achieving basic literacy.

HB 1565 / SB 1060 :  Nonpublic Elementary and Secondary Schools - Discrimination - Prohibition

Bills HB 1565 and SB 1060 prohibit a nonpublic elementary or secondary school that receives State funds from refusing enrollment of, expelling, withholding privileges from, or otherwise discriminating against any student or prospective student because of certain factors; making certain provisions of law prohibiting discrimination in employment applicable to certain schools that receive State funds; requiring a nonpublic school that is found to have engaged in or be engaging in a certain discriminatory act to repay to the General Fund all State funds.

Status: SB 1060 Post Hearing, Awaiting Report from JPR,  HB 1565 Hearing  is coming up on 3/1 at 1 pm in W&M

Position: The Arc Maryland supports this bill in collaboration with the Education Advocacy Coalition and has submitted written testimony because this bill p rohibits a nonpublic elementary or secondary school that receives state funds from discriminating against any student or prospective student based on race, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability.   If Maryland is going to use state funds to provide scholarships for students to attend private schools, students' rights must be protected.

HB 287/ SB 461 :  Selling or Providing Alcoholic Beverages to Individuals with Intellectual Disabilities and Others- Repeal of Prohibition

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.

Status: Post-Hearing in the House in ECM.  The hearing in the Senate on 2/23 at 1 p.m. in EHEA resulted in a unanimous vote to pass the bill out of Committee.

Position:  The Arc Maryland testified in support of this bill.  Refusing to serve a person on the basis of disability or the assumption of a disability is discriminatory according to the ADA of 1990 and a recent opinion from the state's Attorney General.  There was no opposition testimony at either hearing.
 
HB782 / SB 550:  Maryland Achieving a Better Life Experience (ABLE) Program - Death of a Designated Beneficiary  

This bill authorizes money and assets in an ABLE account to be transferred, on the death of a designated beneficiary, to a certain estate or a certain ABLE account for an eligible individual, unless prohibited by federal law; and prohibits the State, unless required by federal law, from seeking payment from an ABLE account or its proceeds for certain medical benefits paid for the designated beneficiary (elimination of the claw-back provision).

Status: Post-Hearing in House HGO, Post-hearing Senate B&T

Position:  The Arc Maryland testified in support of this bill as the "claw back" provision is seen as a barrier for full participation in the ABLE program for self-advocates and their families.  There was no opposition testimony at either hearing.

Here is this week's top bills to watch - 

Children's Issues
  
HB 966 /   SB 1103:  Education - Voluntary Ethical Special Education Advocate Certificate Program

Requiring the State Department of Education to establish the Voluntary Ethical Special Education Advocate Certificate Program on or before July 1, 2019, for administration of a voluntary certificate program for ethical special education advocates; specifying qualifications and application procedures for a certificate; requiring the Department to issue a certificate to a certain applicant; authorizing an applicant to petition for judicial review of a decision of the Department that relates to issuing or renewing a certificate;

Status:  HB 966 Hearing 3/1 at 1 pm in W&M, SB 1103 Referred to EHEA

Positions: Although The Arc Maryland appreciates amendments made to this bill based on feedback we submitted last session, the bill is still concerning as the purpose of the bill is not clear and the language is vague. "Advocate" is not defined and the components and rationale of the selection of the training program that would be used for certification makes the value of certification questionable.  The Arc is invested in ensuring that parents may continue to invite a friend or other advocate of their choosing to an IEP meeting, and that advocate will not be required to have any special training to attend.  The Arc will submit written remarks with our Coalition Partners in the Education Advocacy Coalition.

HB 1507: 
Compulsory School Attendance - Truancy Violations - Reporting of Neglect

Requiring a school employee to report any person to the local department of social services for neglect of a child if the person has legal custody or care and control of a child who is between certain ages and fails to see that the child attends school or receives certain instruction; repealing certain provisions of law providing a criminal penalty for certain persons.

Status: Hearing 3/1 at 1 pm in JUD

Position: The Arc Maryland opposes this bill in collaboration with the Education Advocacy Coalition and will be submitting written testimony.  This bill creates a punitive response to a situation that should be approached carefully and on a 1:1,not blanket-policy basis. We should be looking at an individualized approach to addressing why children are absent from school based instruction.  We seek a consideration in language that states that appropriate supports and services be provided to a student and his or her family to support school attendance if the student is absent due to the prevalence of a disability.

HB 1489:  Education - Due Process Hearings for Children With Disabilities - Burden of Proof

Requiring certain public agencies to bear the burden of proof in due process hearings that are held to resolve a dispute relating to the provision of a free appropriate public education; providing a certain exception for a parent or guardian seeking tuition reimbursement for a unilateral placement of the student by the parent or guardian; and establishing that a certain provision of law is not intended to change certain record-keeping requirements or what constitutes a free appropriate public education under federal or State law.

Status: Hearing 3/1 at 1 pm in W&M

Position: The Arc Maryland supports this bill with amendments  in collaboration with the Education Advocacy Coalition  and will be submitting written testimony because this bill does not make an exception for unilateral placement cases. Switching the burden of proof to the school makes sense in unilateral placements. School systems have more resources, information and expertise and thus, are in a better position to prove if they have provided a free, appropriate public education. 

Adults (TY), Providers, and Global Issues

This is going to be a big week!

The DDA Budget Hearings are on the 28th and 2nd of this week.
February 28
House Health and Social Services Subcommittee
Room 150, House Office Building - 1:00 pm
  • MDH Developmental Disabilities Administration
     
March 2
Senate Health and Human Services Subcommittee
3 West, Miller Office Building - 1:00 pm
  • MDH Developmental Disabilities Administration
 
The Budget Reconciliation and Financing Act (BRFA) hearings are also on the 28th and 2nd of this week. 
HB 161 / SB 187

February 28
Senate- Budget and Taxation Committee
Senate Office Building, 3 West- 1 p.m.
  

March 2
House- Appropriations Committee
House Office Building, Room 121- 1 p.m.

What is the BRFA?  The BRFA is the Budget Reconciliation and Financing Act.  In Maryland, the Governor must present a balanced budget to the Genteral Assembly and the BRFA is how the Governor makes adjustments to his budget to balance it before he submits it.  Unfortunately, budget items such as the 3.5% increase in DDA Community Services funding that was mandated through the Minimum Wage Act of 2014 can legally be adjusted through the BRFA document.  That is what happened this year;  The 3.5% that should have been included in the FY19 budget was reduced to 1% through the BRFA. 

Position:  We are fighting to get the 3.5% funding restored. 
Please click HERE to download the fact sheet


HB 664 / SB 543: Labor and Employment- Payment of the Minimum Wage Required ("Fight for 15")
 
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. 

Status: Hearing on 2/27 at 1 p.m. in House EM, Hearing on 3/8 at 1 p.m. in Senate FIN

Position: 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.  This bill includes a mandate for increases in DD funding.
Click HERE to download the "Fight for 15" briefing sheet
 

We Need Your Help
 
Please contact your members of the committees who are hearing testimony on the BRFA this week.  Let them know how important it is that the 3.5% DDA Funding is restored to the budget and what this would mean for you as a self-advocate, families member, or provider of services, or other advocate.  Here is a link to the House Appropriations Committee membership list.  Here is a link to the Senate Budget and Taxation Committee membership list.  Emails and calls are great.  Visits are wonderful.  Letters take longer to get into the hands of the legislator due to mail screening procedures so they are less preferred unless you are delivering a letter personally to your representative.
 
Also, 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!
Federal Legislative Activity

"President Trump's 2019 Budget Is Devastating for People With Disabilities"
 
On February 14th, President Trump released his budget proposal titled, "An American Budget."  The proposal contains elements that are of great concern to people with disabilities and their families, and threaten Home and Community Based services.  Click the link below to read the blog post from The Arc in response to the proposal:
Registration is OPEN for the 2018 Disability Policy Seminar. 
Click HERE to learn more about the opportunity!

billtracker
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
schedule
February 27th
  • House: Economic Matters (ECM) - House Office Building in Room 231 at 1 pm
    • HB 664, Labor and Employment - Payment of the Minimum Wage Required (Fight for Fifteen)
    • Description: Specifying the State minimum wage rate that is in effect for certain time periods; increasing, except under certain circumstances, the State minimum wage rate based on the annual growth in the Consumer Price Index for All Urban Consumers for the Washington-Baltimore metropolitan area;
  • House: Appropriations (APP) - House Office Building in Room 121 at 1 pm
    • HB 1577, Human Services - Family Navigation Services - Provision and Funding
    • Description: Requiring the Governor's Office for Children to fund family navigation services to support parents and other caregivers of children or youth with behavioral health needs or developmental disabilities and to address certain other priorities concerning children and youth; specifying that the services be provided by certain family navigators as determined by local management boards;
  • House: Appropriations (APP) - House Office Building in Room 121 at 1 pm
    • HB 1203, Maryland Education Opportunity Act of 2018
    • Description: Exempting recent high school graduates from payment of tuition to attend a community college in the State under certain circumstances; providing a 50% discount on tuition to individuals who do not have a high school diploma or GED and have been unemployed for at least 6 months but who have been seeking employment and who are attending a community college and seeking vocational certificates or associate's degrees; requiring the State to reimburse community colleges for foregone tuition revenue;
  • House: Health and Governmental Operations (HGO) - House Office Building in Room 241 at 1 pm
    • HB 1652, Task Force to Study Access to Home Health Care for Children and Adults with Medical Disabilities
    • Description: Requiring the Maryland Department of Health, under certain circumstances, to include psychiatrists who are providing Assertive Community Treatment or mobile treatment services to certain Maryland Medical Assistance Program recipients in the types of providers eligible to receive reimbursement for health care services that are delivered through telemedicine and provided to Program recipients; etc.
  • House: Judiciary (JUD) - House Office Building in Room 101 at 1 pm
    • HB 1173, Public Safety - Use of Force De-Escalation Training of Law Enforcement Officers - Reports
    • Description: Requiring a law enforcement agency to report beginning October 1, 2018, and every 2 years thereafter to the Governor's Office of Crime Control and Prevention on policies and procedures related to use of force de-escalation training for law enforcement officers; requiring the Governor's Office of Crime Control and Prevention to adopt procedures for the collection, analysis, and compilation of use of force de-escalation training information received from a certain law enforcement agency; requiring a certain report; etc.
February 28th
  • Senate: Budget & Taxation (B&T) - Miller Senate Building in Room 3 West at 1 pm
    • SB 187, Budget Reconciliation and Financing Act of 2018
    • Description: Authorizing or altering the distribution of certain revenue; altering or repealing certain required appropriations; repealing a requirement that the Comptroller pay certain amounts from a certain Special Fund for a certain purpose; reducing the maximum amount of certain teacher or school employee stipends; providing a certain amount of aid to certain institutions of higher education in accordance with a certain action by the Board of Public Works; altering certain rate increases for community service providers; 
       
  • Senate: Education, Health, and Environmental Affairs (EHEA) - Miller Senate Building in Room 2 West at 1 pm
    • SB 638, Teachers and Teacher Preparation Programs - Research-Based Reading Instruction
    • Description: Requiring the Professional Standards and Teacher Education Board, on or before January 1, 2022, to require a candidate for a certificate to teach certain students to pass a test of research-based reading instruction;
March 1st
  • House: Ways & Means (W&M) - House Office Building in Room 131 at 1 pm
    • HB 966, Education - Voluntary Ethical Special Education Advocate Certificate Program
    • Description: Requiring the State Department of Education to establish the Voluntary Ethical Special Education Advocate Certificate Program on or before July 1, 2019, for administration of a voluntary certificate program for ethical special education advocates;
  • House: Ways & Means (W&M) - House Office Building in Room 131 at 1 pm
    • HB 1489, Education - Due Process Hearings for Children with Disabilities - Burden of Proof
    • Description: Requiring certain public agencies to bear the burden of proof in due process hearings that are held to resolve a dispute relating to the provision of a free appropriate public education; providing a certain exception for a parent or guardian seeking tuition reimbursement for a unilateral placement of the student by the parent or guardian;
  • House: Ways & Means (W&M) - House Office Building in Room 131 at 1 pm
    • HB 1565, Nonpublic Elementary and Secondary Schools - Discrimination - Prohibition
    • Description: Prohibiting a nonpublic elementary or secondary school that receives State funds from refusing enrollment of, expelling, withholding privileges from, or otherwise discriminating against any student or prospective student because of certain factors; making certain provisions of law prohibiting discrimination in employment applicable to certain schools that receive State funds;
  • Senate: Education, Health, and Environmental Affairs (EHEA) - Miller Senate Building in Room 2 West at 1 pm
    • SB 1048, Secure and Accessible Registration Act
    • Description: Redesignating electronic voter registration agencies as automatic voter registration agencies; requiring automatic voter registration agencies to inform an applicant completing an applicable transaction that the applicant shall be registered to vote or shall have a voter registration record updated unless the applicant declines these services or is determined not to be eligible to register to vote; requiring automatic voter registration agencies to implement automatic voter registration by July 1, 2019;
  • House: Ways & Means (W&M) - House Office Building in Room 131 at 1 pm
    • HB 1464, Prince George's County - Truancy Violations - Reporting of Neglect PG
    • Description: Requiring a school employee, in Prince George's County, to report any person to the Prince George's County Department of Social Services for neglect of a child if the person has legal custody or care and control of a child who is between the ages of 5 and 17 and fails to see that the child attends school or receives certain instruction; providing that a certain criminal penalty does not apply in Prince George's County;
  • House: Judiciary (JUD) - House Office Building in Room 101 at 1 pm
    • HB 1507, Compulsory School Attendance - Truancy Violation - Reporting of Neglect
    • Description: Requiring a school employee to report any person to the local department of social services for neglect of a child if the person has legal custody or care and control of a child who is between certain ages and fails to see that the child attends school or receives certain instruction; repealing certain provisions of law providing a criminal penalty for certain persons;
  • House: Ways & Means (W&M) - House Office Building in Room 131 at 1 pm
    • HB 351, Protect Our Students Act of 2018
    • Description: Requiring a certain educational accountability program to include certain school quality indicators; altering the maximum percentage of certain academic indicators in a certain composite score to be 80%; repealing a prohibition that certain indicators be weighted in a certain manner;
  • House: Ways & Means (W&M) - House Office Building in Room 131 at 1 pm
    • HB 355, Accountability in Education Act of 2018
    • Description: Establishing the Education Monitoring Unit in the State; providing that the Unit is an independent unit; establishing the Investigator General Selection and Review Commission in the Unit; requiring the Commission to appoint the Investigator General in accordance with certain procedures; requiring the Unit to investigate certain complaints; requiring the Unit to establish an anonymous electronic tip program;
  • House: Ways & Means (W&M) - House Office Building in Room 131 at 1 pm
    • HB 966, Education - Voluntary Ethical Special Education Advocate Certificate Program
    • Description: Requiring the State Department of Education to establish the Voluntary Ethical Special Education Advocate Certificate Program on or before July 1, 2019, for administration of a voluntary certificate program for ethical special education advocates; specifying qualifications and application procedures for a certificate; requiring the Department to issue a certificate to a certain applicant; authorizing an applicant to petition for judicial review of a decision of the Department that relates to issuing or renewing a certificate;
  • House: Ways & Means (W&M) - House Office Building in Room 131 at 1 pm
    • HB 1254, Education - School Discipline - Guidelines and Data Collection
    • Description: Requiring each county board of education to adopt the Maryland Guidelines for a State Code of Discipline as the code of discipline for the local school system; requiring the State Department of Education to disaggregate certain data in student discipline data reports in a certain manner;
  • House: Ways & Means (W&M) - House Office Building in Room 131 at 1 pm
    • HB 1488, Public Schools - School Discipline - Training Practices
    • Description: Requiring the State Department of Education to develop and implement certain standardized training practices on student discipline for all public school security personnel; requiring the Department to study certain best practices and consult with certain organizations on certain matters on or before July 1, 2019; and requiring a local school system to provide certain training to certain school security personnel on or before July 1, 2020.
  • House: Ways & Means (W&M) - House Office Building in Room 131 at 1 pm
    • HB 1601, State Department of Education - Trauma-Informed School Initiative, Program, and Funding
    • Description: Establishing the Trauma-Informed Schools Initiative in the State Department of Education; requiring the State Department of Education, in consultation with the Maryland Department of Health and the Department of Human Services, to develop certain guidelines and offer certain training; requiring the State Department of Education, in consultation with the Maryland Department of Health and the Department of Human Services, to establish the Trauma-Informed Schools Expansion Program
  • House: Judicial Proceedings (JPR) - Miller Senate Office Building in Room 2 East at 1 pm
    • SB 801, Environment - Reduction of Lead Risk in Housing - Elevated Blood Lead Levels
    • Description: Reducing from 10 micrograms per deciliter to 5 micrograms per deciliter the elevated blood lead level that initiates certain case management, notification, and lead risk reduction requirements.
March 2nd
  • House: Appropriations (APP) - House Office Building in Room 121 at 1 pm
    • HB 161, Budget Reconciliation and Financing Act of 2018
    • Description: Authorizing or altering the distribution of certain revenue; altering or repealing certain required appropriations; repealing a requirement that the Comptroller pay certain amounts from a certain Special Fund for a certain purpose; reducing the maximum amount of certain teacher or school employee stipends; providing a certain amount of aid to certain institutions of higher education in accordance with a certain action by the Board of Public Works; altering certain rate increases for community service providers;
  • House: Ways & Means (W&M) - House Office Building in Room 131 at 1 pm
    • HB 1311, Education - Individual Reading Improvement Plans - Requirements
    • Description: Requiring each county board of education to offer an Individual Reading Improvement Plan to certain students who have a reading deficiency beginning in the 2019-2020 school year; requiring a certain Plan to meet certain requirements; requiring a Plan to be provided in addition to certain required reading instruction; requiring a school to send a certain written notice to the parent or guardian of a certain student with a certain reading deficiency; providing for the contents of a certain notice;
  • House: Environment & Transportation (E&T) - House Office Building in Room 251 at 1 pm
    • HB 304, Environment - Reduction of Lead Risk in Housing - Elevated Blood Lead Levels
    • Description: Reducing from 10 micrograms per deciliter to 5 micrograms per deciliter the elevated blood lead level that initiates certain case management, notification, and lead risk reduction requirements.
  • House: Health and Government Operations (HGO) - House Office Building in Room 241 at 1 pm
    • HB 1130, Residential Treatment Centers - Mandatory Reporting of Inappropriate Secual Behavior
    • Description: Requiring that certain residential treatment centers be subject to certain reporting requirements regarding inappropriate sexual behavior established by the Maryland Department of Health under certain regulations; and defining "inappropriate sexual behavior".
  • House: Health and Governmental Operations (HGO) - House Office Building in Room 241 at 1 pm
    • HB 1517, Behavioral Health Services and Voluntary Placement Agreements - Children and Young Adults - Reports
    • Description: Requiring the Director of the Behavioral Health Administration to prepare a certain annual report on behavioral health services for children and young adults in the State; requiring the Social Services Administration within the Department of Human Services to prepare a certain annual report; etc.
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