The Annapolis Insider
Weekly Legislative Update 
 Week of January 23 - January 27, 2017

Greetings from The Arc Maryland Policy Team! Throughout the 2017 Session of the Maryland General Assembly, we bring you weekly recaps and updates every Friday on key legislation and events. The Legislative Session runs from January 11 - April 10 midnight 2017. 
This Week's Highlights 
 
Maryland ABLE Set to Roll out in October 2017
 
On January 24, 2017, a briefing was held before the Senate Budget & Taxation Committee on the ABLE Program (Achieving a Better Life Experience). The ABLE program will allow people with disabilities and their families to open tax-exempt bank accounts to save money without losing eligibility for federal means-tested benefits. Funds in these accounts can be used for disability-related expenses. The Maryland ABLE program is targeted to be up and running by October 2017.  A Community Outreach Coordinator will start in February 2017 to let people know about the new opportunities. An ABLE consultant will be hired to provide a national view and an independent third party perspective on program implementation.
 
The College Savings Plan of Maryland - renamed to Maryland529 - will not administer the ABLE program within the agency.  Instead, the MD529 Board will evaluate the following options and decide on a direction for implementation:
  1. Contract administration to a private sector third party similar to the structure of the existing Maryland College Investment Plan program administrated through T. Rowe Price,
  2. Contract with another state to administer a program for Maryland, or,
  3. Join the National ABLE Alliance. The Consortium of States that make up the alliance currently includes 15 states with Ascensus College Savings serving as the program manager. 
The Maryland529 Board would like addition feedback from people who will be using the ABLE program.  A survey has been distributed through the Department of Disabilities and results are being compiled. Webinars and at least one town hall meeting will be scheduled.  The Arc Maryland will keep constituents informed of updates as the ABLE program is implemented in Maryland. To read the Maryland529 Board briefing, click here.
 
Education Rights Bills Introduced
 
Three education rights bills for children with disabilities were introduced this week. The Arc Maryland strongly supports the following legislation. 
 
  • HB 174 - Education - Children with Disabilities - Individualized Education Program Process - Parental Consent
HB 174 requires an individualized education program team to obtain written consent from a parent of a child with a disability if the team proposes HB 331 requires an individualized education program team to obtain written consent from a parent of a child with a disability if the team proposes to enroll the child in an alternative education program that does not lead to a high school diploma, identify the child for an alternative education assessment or include restraint or seclusion in the IEP to address the child's behavior. The bill also provides for a clear appeal process if the parent wishes to dispute the IEP team's proposed actions.
 
Hearing: W&M, 2/9 at 1 pm

 
  • HB 331 - Education - Behavior Intervention Plans - Physical Restraint and Seclusion

    HB 331 would prohibit public and nonpublic schools from using physical restraint and seclusion except under specified circumstances; and requires schools to report to the State Department of Education on or before December 1 each year specified information relating to physical restraint and seclusion incidents.

    Hearing: W&M, 2/9 at 1 pm
 
  • HB 425 - Public Schools - Suspensions and Expulsions
     
    During the 2015-2016 school year, 2,363 of Maryland's youngest students in pre-kindergarten through second grade were suspended or expelled from public schools.  These negative disciplinary practices disrupt a child's developmental, health and educational progress and are disproportionally used with children with disabilities. Although students with disabilities represent only 11.9% of the school population, 25.5% of all suspensions and expulsions impact students with disabilities and their families. This bill would prohibit students from being suspended or expelled from public prekindergarten programs and authorize the suspension or expulsion of students in kindergarten, first grade, or second grade only if the student has knowingly brought a firearm to school or has possessed a firearm at school. The bill also requires a school to provide to young students who are expelled or suspended positive behavior interventions and supports. Additionally, a school system may remedy a student's behavior through appropriate intervention methods, including restorative practices.

    Hearing: W&M, TBD 
LEGISLATION 




Bill Number
Bill Title
Primary Sponsor
Status
Committee
The Arc MD's Position
( SJ 2)
Constitutional Convention - Amendment - Repeal
Delegate Frick
First Reading HRU
HRU
TBD
HB 1
(SB 230)
Labor and Employment - Maryland Healthy Working Families Act
Hearing 2/10 at 12:30 pm
ECM
Support
Environment - Children With Elevated Blood Lead Levels - Environmental Investigation
Hearing 2/24 at 1 pm.
E&T
Support
HB 15
(SB 79)
Family Law - Destitute Adults - Extraordinary Medical Expenses for Developmental Disabilities and Civil Action
Hearing 1/19 at 3 pm
JUD
Support
Task Force to Improve Partnership for Assessment of Readiness for College and Careers Scores for Maryland Public School Students
Hearing 2/2 at 1 pm
W&M
Support with amendments
Labor and Employment - Maryland Healthy Working Families Act
First Reading ECM
ECM
Support
Estates and Trusts - Conditions of Disability and Incapacity - Confinement
First Reading HGO
HGO
Support
Health Insurance - Required Conformity With Federal Law
First Reading HGO
HGO
Monitor
Department of Health and Mental Hygiene - Board of Review - Repeal
Hearing 2/7 at 1 pm
HGO
Oppose
State Disabilities Plan and Interagency Disabilities Board -
Revisions
Hearing 1/31 at 2 pm
HGO
Monitor
Environment - Reduction of Lead Risk in Housing - Notification of Elevated Blood Lead Level
Hearing 2/24 at 1 pm
E&T
Support
Education - Children With Disabilities - Individualized Education Program Process - Parental Consent
Hearing 2/9 at 1 pm
W&M
Support
Baltimore County - Public Schools - Active Assailant Event Training and Drills
Hearing 2/9 at 1 pm
W&M
Monitor
Income Tax Subtraction Modification - Retirement Income (Fairness in Taxation for Retirees Act)
Hearing 2/8 at 1 pm
W&M
TBD
Education - Remote Classroom Technology Grant Program - Establishment (Peyton's Bill)
Hearing 2/9 at 1 pm
W&M
TBD
Public Safety - Maryland Accessibility Code - Applicability
Hearing 2/7 at 1 pm
E&T
TBD
Guardianship and Child in Need of Assistance Proceedings - Jurisdiction and Authority of Juvenile Court
Delegate Moon
Hearing 2/2 at 1 pm
JUD
Support
Labor & Employment - Wages and Benefits - Preemption of Local Authority
Delegate Davis
Hearing 2/7 at 1 pm
ECM
TBD
Maryland Student Transportation Safety Act
Delegate Miele
Hearing 2/9 at 1 pm
E&T
TBD
Healthcare - Use of Teletherapy
Delegate Reznik
Hearing 2/8 at 1 pm
HGO
Monitor
( SB 354)
Richard E. Israel and Roger "Pip" Moyer End-of-Life Option Act
Hearing 2/16 at 1 pm (HGO)
HGO, JUD
Oppose
( SB 305)
Common Sense Paid Leave Act
Speaker
Hearing 2/10 at 12:30 pm 
ECM
Support
Public Schools - Suspensions and Expulsions
Delegate Lierman
First Reading W&M
W&M
TBD
Health Care Decisions Act - Advance Directives and Surrogate Decision Making - Disqualified Individuals
Delegate Hettleman
First Reading HGO
HGO
TBD
Public Health - Prenatal Infectious Disease Testing
Delegate Morhaim
First Reading HGO
HGO
TBD
( HJ 2 )
Constitutional Convention - Amendment - Repeal
Senator Madaleno
Hearing 2/9 at 1 pm
EHEA
TBD
Education - Specialized Intervention Services - Reports
Hearing 1/25 at 3 pm
EHEA
Support
Child Abuse and Neglect - Substance-Exposed Newborns - Reporting
Hearing 1/24 at 1 pm
JPR
Monitor
Reporting Abuse to the Long-Term Care Ombudsman Program and the Office of Health Care Quality
Second Reading Passed with Amendments
FIN
Monitor
( HB 15)
Family Law - Destitute Adults - Extraordinary Medical Expenses for Developmental Disabilities and Civil Action
Hearing 1/24 at 1 pm
JPR
Support
Family Law - Treatment Foster Care Homes - Siblings
Hearing 1/24 at 1 pm
JPR
Monitor
Commission on Access to Tax-Preferred Health and Childcare Savings Accounts for All Marylanders
Hearing 2/8 at 1 pm
B&T
Monitor
Independent Living Tax Credit Act
Hearing 2/8 at 1 pm
B&T
Support
Education -  Fire Drill Requirements - State Fire Prevention Code
Hearing 2/1 at 2 pm
EHEA
Monitor
Maryland Caregivers Support Coordinating Council - Renaming and Altering Membership and Duties
Hearing 2/2 at 1 pm
FIN
Monitor
( HB 1)
Labor and Employment - Maryland Healthy Working Families Act
Hearing 2/9 at 1 pm
FIN
Support
( HB 382) 
Common Sense Leave Act
Senate President
Hearing 2/9 at 1 pm (FIN)
FIN, B&T
Support
Career Apprenticeship Opportunity Act of 2017
Senator Rosapepe
Hearing 2/16 at 1 pm (FIN)
FIN, B&T
TBD
University of Maryland School of Public Health, center for Health Equity - Workgroup on Health in All Policies
Senator Nathan-Pulliam
Hearing 2/8 at 1 pm (FIN)
FIN, EHEA
TBD
SB 344

Maryland Achieve a Better Life Experience (ABLE) Account Clarifications
Senator Feldman
Hearing 2/15 at 1 pm
B&T
Support
Education Pre-Kindergarten Student Funding
Senator Conway
First Reading B&T
B&T
Monitor
SB 354
(HB 370)		 Richard E. Israel and Roger "Pip" Moyer End-of-Life Option Act
First Reading JPR
JPR
Oppose
Public Health - Essential Generic Drugs - Price Gouging - Prohibition
Senate President
First Reading FIN
FIN
TBD

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
  • House Rules and Executive Nominations - HRU
  • 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 Policy Team 

Cristine Marchand, Executive Director

Susan Somerville-Hawes , Esq., Director of Public Policy & Advocacy - Children and Families
Jamie Stoner , The Arc Maryland 2017 Public Policy Fellow; Director of Outreach, The Arc Northern Chesapeake Region
Andrew Siske, Legislative Intern, University of Baltimore School of Law
Aaron Stephens , Deputy Director, The Arc of Frederick County