The Arc Maryland's Weekly Legislative Update
Week of Session: February 1 - 5, 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.
Taking Action
Individuals With Intellectual and Developmental Disabilities Still Face Large Barriers to Vaccine Access
The Arc Maryland has heard from many Marylanders with developmental disabilities and their families about considerable barriers to registering for and obtaining COVID-19 vaccines. People with disabilities who live in congregate settings like group homes are generally prioritized in IB, however it appears that only 25% of all Maryland Counties and Baltimore City list all individuals with intellectual and developmental disabilities (IDD) in 1B or even mention individuals with IDD at all in their prioritization descriptions. See that analysis, updated as of this morning HERE. Look up your county vaccination plans via the link HERE.

The Timeline:
On January 5th, Governor Hogan announced that Phase 1B included all Marylanders age 75 and older, special needs group homes, high-risk inmates, developmentally disabled populations, continuity of government vaccinations, as well as teachers, child care, and education staff. Read that press release HERE.

The Maryland Department of Health website was updated to include inaccurate information. With strong advocacy from the disability community, the information was corrected on January 14th. See page 2 of that document HERE.

As of 2/1/21, 75% of Maryland counties and Baltimore City have not updated their websites, and/or have little to no information to ensure individuals with developmental disabilities are prioritized, including how they may register to be vaccinated now or at a later date as vaccines are available in a county for the 1B priority groups.

Action Needed:
The Health and Governmental Operations (HGO) Committee is meeting tomorrow, February 2nd, at 1:30 PM to hear a briefing on how vaccine access is going in the state. Between today and tomorrow's hearing, we encourage parents and people with IDD to share their experiences with our members of the HGO committee. Please call or email your personal stories and experiences you have had in your efforts to register for and access the vaccine and ask for their help. We need to ensure that people with /DD are not pushed back and behind other groups and those designated in lower priority categories.

For more information on why people with IDD should be prioritized, please see the Maryland Developmental Disabilities Coalition's letter from November, HERE.
Shane Pendergrass, Chair
District 13, Howard County
410-841-3139

Joseline Pena-Melnyk, Vice Chair
District 21, Prince George's & Anne Arundel Counties
410-841-3502

Heather Bagnall
District 33, Anne Arundel County
410-841-3406

Erek Barron
District 24, Prince George's County
410-841-3692

Lisa Belcastro
District 11, Baltimore County
410-841-3833

Harry Bhandari
District 8, Baltimore County
410-841-3562

Alfred Carr Jr.
District 18, Montgomery County
410-841-3638

Nick Charles
District 25, Prince George's County
410-841-3707
Brian Chisholm
District 31B, Anne Arundel County
410-841-3206

Bonnie Cullison
District 19, Montgomery County
410-841-3883

Terri Hill
District 12, Baltimore & Howard Counties
410-841-3378

Steve Johnson
District 34A, Harford County
410-841-3280

Ariana Kelly
District 16, Montgomery County
410-841-3642

Ken Kerr
District 3B, Frederick County
410-841-3240

Nicholaus Kipke
District 31B, Anne Arundel County
410-841-3421

Susan Krebs
District 5, Carroll County
410-841-3200
Robbyn Lewis
District 46, Baltimore City
410-841-3772

Morgan Matthew
District 29A, St. Mary's County
410-841-3170

Teresa Reilly
District 35B, Cecil & Harford Counties
410-841-3278

Samuel Rosenberg
District 41, Baltimore City
410-841-3297

Sid Saab
District 33, Anne Arundel County
410-841-3551

Sheree Sample-Hughes
District 37A, Dorchester & Wicomico Counties
410-841-3427

Kathy Szeliga
District 7, Baltimore & Harford Counties
410-841-3698

Karen Lewis Young
District 3A, Frederick County
410-841-3436
Written and Oral Testimony Needed for Bills on Special Education
Parents of school-aged children across Maryland: your voices are needed in the legislature! There are several important hearings on bills coming up next week, and we would appreciate your stories or support. Please consider testifying orally and/or in writing. You do not have to be an expert at writing testimony: You are an expert in these subjects, and our representatives need to hear from you. 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 Maryland General Assembly website.

The hearing for HB0716: Special Education - Individualized Education Programs - Educational Evaluations, is on February 10th at 1:30 PM in the House W&M Committee.
This bill would give parents the ability to obtain an independent evaluation paid for by the school in cases where the school has not responded to a written request for an educational evaluation or has agreed to an evaluation but has not provided one within a certain time period required under law.

Sign up for oral testimony, written, or both, for this bill on February 8th between 10 AM and 3 PM.

The cross-filed bill, SB0371, has a hearing on February 11th at 11:00 AM in the Senate EHEA Committee. Sign up for testimony for this bill on February 9th between 10 AM and 3 PM.

Additionally, HB0714, Special Education – Learning Continuity Plan – Requirement, has a hearing in the House W&M Committee on February 10th at 1:30 PM.
This bill would require that a portion of a student's IEP include information about how the student's plan of education will continue, including how related services will continue to be provided in cases where a school building is closed for ten days or more. We hope this will ensure that schools use the information they have learned over the past ten months to ensure any future emergencies do not result in such gaps and denials of needed education service and supports.

Sign up for oral testimony, written, or both, for this bill on February 8th between 10 AM and 3 PM.

Lastly, HB0724, Special Education - Prolonged School Closure - Extension of Education Services, has a hearing in the House W&M on February 12th at 1:30 PM.
This bill would give parents and transitioning aged students the option of either exiting school on the previously determined timeline, OR extending their schooling for an additional length of time to ensure the student has the opportunity to obtain necessary knowledge and skills for a successful transition to adult life upon exit from high school.

Sign up for oral testimony, written or both, for this bill on February 10th between 10 AM and 3 PM.

Please contact Ande Kolp if you have any questions or need assistance!
Top Bills of the Week
SB0327: Civil Actions - Financial Exploitation of Vulnerable Adults (Maryland SAFE Act)

Status: In Senate, Hearing 2/2 in JPR at 1:00 PM.

Position: Support

Creates civil penalties for those who financially exploit people with disabilities.
HB0423: Election Law – Voting Systems – Accessibility for Voters With Disabilities

Status: HB0423: In House, Hearing 2/2 in W&M at 1:30 PM.

Position: Support

This bill would require each voter to use a ballot marking device that is accessible to voters with disabilities to vote at early voting centers and election day polling places to ensure that access is provided to voters with disabilities in accordance with a certain provision of law; prohibiting certain ballots from being set apart or distinguishable, in size and form, to ensure that access is provided to voters with disabilities in accordance with a certain provision of law; providing for the application of this Act; and generally relating to voting systems and accessibility for voters with disabilities.
HB0493: Election Law - Voting Locations - Accessibility by Public Transportation and Voters With Disabilities

Status: In House, Hearing 2/2 in W&M at 1:30 PM.

Position: Support

Would require that absentee ballot boxes be accessible by a person using a wheelchair and that County Boards place priority of voting locations to those within 500 feet of public transportation.
HB0203: Estates and Trusts - Wills and Advance Medical Directives - Notaries Public

Status: In House, Hearing 2/4 in HGO at 1:30 PM.

Position: Oppose

The Developmental Disabilities Coalition submitted written testimony in opposition as we feel this bill, although well intended, would create additional barriers for people with IDD to identify and proclaim a healthcare decision-maker and others.
HB0581: Labor and Employment - Employment Standards During an Emergency (Maryland Essential Workers' Protection Act)

Status: In House, Hearing 2/5 in EMC at 11:00 AM.

Position: Evaluating: Support with Several Amendments or Possible Opposition

Direct Support Professionals are essential and should be provided with appropriate PPE, communication, safety considerations for their working environments, and other rights. We are concerned with the overly broad nature of who is included in the list of essential workers, the absence of any funding mechanism for the pay and benefits required through this bill, and other provisions. We also have concerns that virtually any incident or occurrence could trigger this law to go into effect as the definition is also broad. Individuals who self-direct would be considered essential employers under the current definition as well.
Hearing Schedule (2/1 to 2/12)
Tuesday, February 2nd
House:

HGO, 1:30 PM
Briefing on Vaccine Access

W&M, 1:30 PM
HB0423: Election Law – Voting Systems – Accessibility for Voters With Disabilities

HB0493: Election Law - Voting Locations - Accessibility by Public Transportation and Voters With Disabilities

HGO, 3:45 PM
HB0276: Congregate Care Facilities - Visitation

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
HB0508: COVID–19 Claim – Civil Immunity

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
House:

HGO, 1:30 PM
HB0203: Estates and Trusts - Wills and Advance Medical Directives - Notaries Public

W&M, 1:30 PM
HB0612: Recovery for the Economy, Livelihoods, Industries, Entrepreneurs, and Families (RELIEF) Act
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
HB0621: Prince George’s County – Elementary School Students – Daily Physical Activity (Student Health and Fitness Act) PG 504–21
Tuesday, February 9th
House:

HGO, 1:30 PM
HB0547: Maryland Medical Assistance Program – Dental Prophylaxis Care and Oral Health Exams

HB0548: Human Services - Trauma-Informed Care - Commission and Training

HB0598: Maryland Medical Assistance Program – Applied Behavior Analysis Services – Reimbursement

W&M, 1:30 PM
HB0656: Election Law - Early Voting Centers - Accessibility by Public Transportation
Senate:

EHEA, 1:00 PM
SB0066: Department of Housing and Community Development - Office of Digital Inclusion - Established (Digital Connectivity Act of 2021)

FIN, 1:00 PM
SB0064: Unemployment Insurance - Earned Rating Record - Waiver of Benefit Charges Due to COVID-19

SB0398: Mental Health Law – Petitions for Emergency Evaluation – Procedures

JPR, 1:00 PM
SB0363: Courts – Improperly Summoning a Police Officer – Civil Liability
Wednesday, February 10th
House:
E&T, 1:30 PM
HB0636: School Buildings - Drinking Water Outlets - Elevated Level of Lead (Safe School Drinking Water Act)

HGO, 1:30 PM
HB0551: Maryland Medical Assistance Program and Health Insurance – Coverage and Reimbursement of Telehealth Services

W&M, 1:30 PM
HB0713: County Boards of Education – Therapy Dogs – Policy for Handling and Use in Schools

HB0714: Special Education – Learning Continuity Plan – Requirement

HB0715: Public Schools - Self-Contained Special Education Classrooms - Use of Video Recording Devices

HB0716: Special Education - Individualized Education Programs - Educational Evaluations
Senate:

FIN, 1:00 PM
SB0469: Maryland Medical Assistance Program – Applied Behavior Analysis Services – Reimbursement

JPR, 1:00 PM
SB0388: Vehicle Registration – Disability Plates – Parking Meter Fees
Thursday, February 11th
Senate:

EHEA, 11:00 AM
SB0371: Special Education - Individualized Education Programs - Educational Evaluations

SB0409: County Boards of Education – Therapy Dogs – Policy for Handling and Use in Schools

SB0464: Education – Educational Interpreter – Certification Requirements

FIN, 1:00 PM
SB0299: Human Services - Trauma-Informed Care - Commission and Training

SB0322: Health – Health and Wellness Standards – Correctional Facilities and Health Care Facilities

SB0384: Health Facilities - Residential Service Agencies - Guidance and Reporting

SB0473: Labor and Employment – Leave With Pay – Bereavement Leave

SB0486: Labor and Employment - Employment Standards During an Emergency (Maryland Essential Workers' Protection Act)
Friday, February 12th
House:

JUD, 1:30 PM
HB0500: Police Procedures - Requiring a Person to Lie Prone

W&M, 1:30 PM
HB0724: Special Education - Prolonged School Closure - Extension of Education Services

HB0764: Education - Broadening Options and Opportunities for Students Today Program - Established and Mandated Funding
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