The Arc Maryland's Weekly Legislative Update
Week of Session: January 25 - 29, 2021
Every Monday in the Insider, check out updates on key legislation affecting the lives of people with intellectual and developmental disabilities, their families, and professional supports, learn about upcoming advocacy events, and receive notices about Federal, State, and other initiatives of importance to The Arc Maryland!
Bill Tracker
You can stay up to date on all legislation The Arc Maryland is keeping tabs on through our Bill Tracker! Use the Bill Tracker to view position statements, access bill text, and check hearing times and dates.
Governor's Draft FY22 Budget Released
Last week, the Governor released his draft of the FY22 State Operating Budget. The budget includes the mandated 4% funding increase for DD Community Services, LISS funding, and additional funding to serve people from the Waiting List.

DEVELOPMENTAL DISABILITIES ADMINISTRATION FY 2022 SUMMARY
– GOVERNOR’S ALLOWANCE COMMUNITY SERVICES
 
Community Services Proposed FY 2022 Budget = $1,487,820,229
   
Summary: The DDA budget increased by $8.4% over the current year due to the provider rate increase and the cost of new expansion planned for FY 2022 as well as the annualization of the previous year’s expansion cost. 
 
Highlights:

  • $23,022,306 for Transitioning Youth – Projected to support 600 people.

  • $2,367,028 for Emergency Placements – Projected to support 39 people in Residential, Day, Supported Employment, Personal Services, and Individual Support Services (6 months average).

  • $13,724,943 for Waiting List - Projected to support 296 people in Residential, Day, Supported Employment, Self-Directed, Personal, and Individual Support Services (6 to 8 months avg). 

  • $4,064,400 for DSS age outs – Projected to support 21 people aging out of DSS.

  • Includes $51.2 million for continuation of 4.0% provider rate increase implemented on January 1, 2021.

  • Continued funding to support people enrolled in Community Support and Family Support Waivers.
Join Us for Developmental Disabilities Days at the Legislature
February 9th to 12th
This year, the Maryland Developmental Disabilities Coalition is coordinating a week of virtual advocacy and opportunities for information and connection with legislators from February 9th to 12th for Developmental Disabilities Days at the Legislature!

To kick things off, we will be holding our main DD Days event on Tuesday, February 9th, from 9 to 11 AM. If you have participated in DD Day in downtown Annapolis in years past, this is your opportunity to take part online, from home in 2021. This year, the event will be free to attendees due to a generous grant from The Developmental Disabilities Council, and hard work/coordination from all members of the DD Coalition!
Top Bills of the Week
If you would like to provide testimony for any of the bills below, click the button here to learn how to do so on the MGA website.
HB0318 / SB0441: Developmental Disabilities Administration - Self-Directed Services (Self - Direction Act)

Status: HB0318: In House, Hearing 1/26 in HGO at 1:30 PM. (sign-up deadline for the House Hearing has passed, but you can still contact members of the Finance Committee to indicate your support for the bill.

SB0441: In Senate, hearing 2/16 in FIN at 1:00 PM. Sign up for testimony is on 2/14 from 10 a.m. to 3 p.m.

Position: Support with DD Coalition Testimony

This bill preserves self-directed services components that are important to many people and creates and advisory council who will partner with DDA and submit reports to the Maryland General Assembly.
SB0209: Special Education - Prolonged School Closure - Extension of Education Services

Status: In Senate, hearing 1/27 in EHEA at 11:00 AM.
Sign up to testify/submit testimony through My MGA. This must be done today, January 25th, before 3 PM.

Position: Support

This bill would require a county board of education to offer and provide to certain disabled and special education students (whose schools are subject to a prolonged school closure) the option to continue attending school or receiving education services after the student's anticipated graduation date. Furthermore, the bill would require a county board to provide a notice to the parents or guardians of eligible students about a student's option to continue attending school or receiving certain education services.
SB0300: Special Education – Learning Continuity Plan – Requirement

Status: In Senate, hearing 1/27 in EHEA at 11:00 AM.

Sign up to testify/submit testimony through My MGA. This must be done today, January 25th, before 3 PM.

Position: Support

This bill would require an individualized education program or 504 Plan to include a learning continuity portion to be developed by the team, including the parents of the child as equal partners to the process. The component of the plan would be developed by the members of the child’s IEP or 504 plan team at the time of the plan review and serve as a guide to ensure continuity of services and supports needed by the student to continue to receive a Free and Appropriate Public Education (FAPE) during emergency conditions – when the child is unable to access the school building for 10 days or more. This bill would become effective on October 1, 2021
SB0061 / HB0321: Public Buildings – Changing Facilities – Requirements

Status: SB0211: In Senate, hearing 1/28 in JPR at 11:00 AM.
Sign up to testify/submit testimony through My MGA. This must be done tomorrow, January 26th, between 10 AM and 3 PM.

HB0321: In House, Hearing 1/14 in HGO at 1:30 PM. Voting session on this bill is today at 4 pm.

Position: Support

This bill creates a requirement for newly constructed or extensively remodeled public buildings to provide changing stations suitable to hold the weight of an adult. Having accessible changing stations is important for people with disabilities to have full access to the community, to live, learn work, play and worship.
SB0211 / HB0375: Labor and Employment - Family and Medical Leave Insurance Program - Establishment (Time to Care Act of 2021)

Status: SB0211: In Senate, hearing 1/28 in FIN at 1:00 PM.

Sign up to testify/submit testimony through My MGA. This must be done tomorrow, January 26th, between 10 AM and 3 PM.

HB0375: In House, First Reading in EMC.

Position: Support with Amendment

The Arc supports the intention of this bill and the establishment of an insurance program that would be created to allow for paid family leave. We have concerns about the expense to DDA providers and people who self direct, as well as some of the definitions included in the bill. Without a provision for DD Provider funding to support this new benefit, the program would amount to an unfunded mandate for both providers and staff.
Hearing Schedule (1/25 to 2/5)
Monday, January 25th
House:

Early Childhood Subcommittee (W&M), 1:00 PM
Voting session on HB0405: Special Education - Judicial Actions - Attorney's Fees and Related Costs. Contact members of the subcommittee to ask them to vote favorable out of committee today!

This bill would create a mechanism for judges to award expert witness fee recovery to parents when they are the prevailing party in a Special Ed case. The law currently allows for the award of attorney's fees to prevailing parents, but families have the burden of assuming expert witness expenses and many families cannot afford the expense of having expert witnesses while the school system regularly brings experts in at state taxpayer expense.

APP, 3:00 PM - (with Senate B&T)
Fiscal Briefing by the Department of Legislative Services

HGO, 4:00 PM
Voting session on HB0321: Public Buildings - Changing Facilities - Requirements. Contact members of the committee to ask them to vote this bill favorable out of committee today! If possible, attach a story of how this will impact your family and your access to the community.

This bill creates a requirement for newly constructed or extensively remodeled public buildings to provide changing stations suitable to hold the weight of an adult.
Tuesday, January 26th
House:

EMC, 1:30 PM
HB0097: Department of Housing and Community Development - Office of Digital Inclusion - Established (Digital Connectivity Act of 2021)

E&T, 1:30 PM
HB0090: State and Local Housing Programs – Affirmatively Furthering Fair Housing

HGO, 1:30 PM
HB0028: Public Health – Implicit Bias Training and the Office of Minority Health and Health Disparities

HB0078: Public Health - Maryland Commission on Health Equity (The Shirley Nathan-Pulliam Health Equity Act of 2021)

HB0318: Developmental Disabilities Administration - Self-Directed Services (Self - Direction Act)

W&M, 1:30 PM
HB0153: Election Law- Voting by Mail
Senate:

FIN, 1:00 PM
SB0096: Public Health – Behavioral Health Programs and Health Care Facilities – Safety and Community Relations Plans

JPR, 1:00 PM
SB0210: COVID–19 Claim – Civil Immunity
Wednesday, January 27th
House:

HGO, 1:30 PM
HB0123: Preserve Telehealth Access Act of 2021

W&M, 1:30 PM
HB0155: County Boards and Public and Nonpublic Prekindergarten Programs and Schools - Discrimination - Prohibition

HB0273: Education - Voluntary Ethical Special Education Advocate Certificate Program

HB0392: Child Care Centers - Early Childhood Screening and Assistance
Senate:

EHEA, 11:00 AM
SB0126: State Department of Education - Early Literacy and Dyslexia Practices - Guidance and Assistance

SB0209: Special Education - Prolonged School Closure - Extension of Education Services

SB0245: Public Schools - School Resource Officers - Requirements and Prohibitions

SB0266: Education - Voluntary Ethical Special Education Advocate Certificate Program

SB0300: Special Education – Learning Continuity Plan – Requirement

B&T, 1:00 PM
SB0172: Maryland Health Equity Resource Act

SB0218: Maryland Child Tax Credit

FIN, 1:00 PM
SB0003: Preserve Telehealth Access Act of 2021

SB0393: Maryland Medical Assistance Program and Health Insurance – Coverage and Reimbursement of Telehealth Services
Thursday, January 28th
House:

EMC, 1:30 PM
HB0056: Labor and Employment – Leave With Pay – Bereavement Leave

HB0124: Occupational Safety and Health Standards to Protect Employees - Aerosol Transmissible Diseases and COVID-19

HB0350: Labor and Employment – Maryland Healthy Working Families Act – Verification

JUD, 1:30 PM
HB0027: Education - Reporting Arrests of Students - Alterations

HB0234: Criminal Law - Harm to Service Animals

W&M, 1:30 PM
HB0511: Income Tax - Personal Exemption - Disabled Individuals
Senate:

JPR, 11:00 AM
SB0061: Public Buildings – Changing Facilities – Requirements

SB0098: County Boards and Public and Nonpublic Prekindergarten Programs and Schools - Discrimination - Prohibition

FIN, 1:00 PM
SB0107: Labor and Employment - Secure Maryland Wage Act

SB0211: Labor and Employment - Family and Medical Leave Insurance Program - Establishment (Time to Care Act of 2021)
Tuesday, February 2nd
House:

HGO, 1:30 PM
HB0276: Congregate Care Facilities - Visitation

HB0423: Election Law – Voting Systems – Accessibility for Voters With Disabilities

HGO, 3:45 PM
HB0463: Maryland Health Equity Resource Act
Senate:

FIN, 1:00 PM
SB0005: Public Health – Implicit Bias Training and the Office of Minority Health and Health Disparities

SB0041: Health – Mental and Emotional Disorders – Consent (Mental Health Access Initiative)

SB0052: Public Health - Maryland Commission on Health Equity (The Shirley Nathan-Pulliam Health Equity Act of 2021)

JPR, 1:00 PM
SB0327: Civil Actions - Financial Exploitation of Vulnerable Adults (Maryland SAFE Act)
Wednesday, February 3rd
House:

W&M, 1:30 PM
HB0266: Student Education Equity Grant Program - Established (Student Education Equity in Funding Act)

HB0522: Public Schools - School Resource Officers - Prohibited Conduct
Senate:

FIN, 1:00 PM
SB0100: Task Force on Oral Health in Maryland
Thursday, February 4th
Senate:

FIN, 1:00 PM
SB0275: Maryland Department of Health – Residential Service Agencies – Training Requirements
Friday, February 5th
House:

EMC, 11:00 AM
HB0581: Labor and Employment - Employment Standards During an Emergency (Maryland Essential Workers' Protection Act)

W&M, 1:30 PM
HB0192: Public Schools - Special Education Classrooms - Use of Video

HB0621: Prince George’s County – Elementary School Students – Daily Physical Activity (Student Health and Fitness Act) PG 504–21
Please note: the following abbreviations identify the legislative committees in the Assembly:

House of Delegates:
  • APP - Appropriations Committee
  • EMC - Economic Matters Committee
  • E&T - Environment and Transportation Committee
  • HGO - Health and Government Operations Committee
  • JUD - Judiciary Committee
  • W&M - Ways and Means Committee
  • HRU - Rules and Executive Nominations Committee

Senate:
  • B&T - Budget and Taxation Committee
  • EHEA - Education, Health, and Environmental Affairs Committee
  • FIN - Finance Committee
  • JPR - Judicial Proceedings Committee
  • EXN - Executive Nominations Committee
  • SRU - Rules Committee