The Arc Maryland's Weekly Legislative Update
For the Week of February 17 - 23, 2020
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 and other initiatives of The Arc Maryland and The Arc of the United States!
News, Events, and Action Alerts
Developmental Disabilities Day at the Legislature
Last Wednesday, February 12th, The Developmental Disabilities Coalition hosted one of the largest days of advocacy to support the people with intellectual and developmental disabilities in Maryland: Developmental Disabilities Day at the Legislature! The members of the Developmental Disabilities Coalition include The Arc Maryland, Disability Rights Maryland, The Developmental Disabilities Council, Maryland Association of Community Services, and People on the Go of Maryland.

This year, approximately 1,700 advocates from across the state joined us in Annapolis and online to share why #AccountAbilityMatters. Self-advocates, state officials, legislators, family members, and other advocates made up the numbers; gathering to discuss the proposed DDA 2021 budget and 2020 priorities for changes to existing state law to be addressed this current session.

Also, onsite for the day, representatives from Disability Rights Maryland provided support and information for those interested in registering to vote, and The Arc Maryland had Lots of Socks on sale and information about how to participate in the upcoming World Down Syndrome Day.
Maryland's massive day of advocacy for individuals with intellectual and developmental disabilities had some outstanding highlights:

Attendees heard from legislative champions such as Senators Guy Guzzone, J.B. Jennings, and Craig Zucker. Senator Guzzone noted, “I’m proud to be a part of your team and your advocacy. Everyone deserves their best life; It’s critical that you are here.”
We heard from Maryland's First Lady Yumi Hogan, Maryland Department of Disabilities Secretary Carol Beatty, and Maryland State Department of Education's Assistant State Superintendent of Early Intervention and Special Education Services, Marcella Franczkowski, as they provided inspiring words about their work and vision for the future, and then presented elementary and middle school awards for the statewide Together We're Better Inclusive Education Artwork Contest. To an enthusiastic crowd, Ms. Franczkowski stated, "Your values and belief system inform your behavior. In education there are evidence based practices. One that we know works is inclusion."
Maryland Developmental Disabilities Coalition Leaders shared information about the Governor's proposed DDA Budget and priority legislation for the session before Mr. Mat Rice of People On the Go of Maryland wrapped the gathering up with this powerful statement and call for advocacy:

" What is clear today is that accountability matters. We aren’t just talking about fiscal accountability. We are talking about personal accountability not only to ourselves, but to one another.”

After the event, attendees traveled down West Street to the House and Senate buildings to meet with their elected representatives. They told stories of their personal experiences living with and supporting people with intellectual and developmental disabilities, and shared what was important to them in terms of budget and proposed changes to the law.

Thank you to everyone who participated in DD Day. We know you will continue to advocate with and for Marylanders with intellectual and developmental disabilities throughout the legislative session 2020 and beyond!
Relive the experience of DD Day now by watching our recorded live stream, located on the Maryland Developmental Disabilities Coalition Facebook page. There, you will also find some photos from the day, and links to fact sheets and bill briefings in English and Spanish. These materials are also available on our website for download.
HB0010: Public Buildings- Changing Facilities- Personal Care for Adults Bill Passes the House
HB0010 would require newly constructed and substantially renovated public buildings to install adult changing tables in restrooms (the table can be a universal table, capable of supporting the weigh of a child and adult). Changing tables are "life changing" for many individuals who need assistance to use the restroom or conduct personal hygiene activities. To this point, families of people with physical disabilities and self advocates have been limited in their ability to access the community for more than a few hours at a time due to a lack of restroom options. Not only will people with intellectual and developmental disabilities benefit from the changing stations created through this legislation, but so will older adults and veterans with disabilities.
Thank you to the many partners who have worked on this bill, including but not limited to the bill sponsors in both the Senate and the House, Maryland Developmental Disabilities Coalition members, the Prince George's Provider Council, Little Lobbyists, People On the Go of Maryland, and the countless self-advocates, family members, and friends who provided testimony, phone calls, and emails that helped the bill pass with incredible support in the house.

Next Steps: The bill crosses over to the Senate where it will have to pass before it goes to the Governor for signing into law.

How You Can Help: Please contact your representatives and let them know how important this matter is to you; ensuring that all people have access to their communities by providing restrooms where people can manage their human needs with dignity.
The Annapolis Insider Bill Tracker
Top Bills of the Week

AND

HB0617 / SB0604 : Public and Nonpublic Schools – Medical Cannabis – Policy for Administration During School Hours and Events

Status: House Hearings 2/19 at 1:00 PM, HGO, Room 241
Senate Hearings 2/18 at 1:00 PM, EHEA, Room 2 West Miller

Position: Letter of Information

These bills would require Maryland State Department of Education (MSDE) to work with the Maryland Medical Cannabis Commission (MMCC) to develop guidelines to address the administration of medical cannabis in schools, and provide training and technical assistance to schools to be able to implement the established guidelines. SB0604 is a bit more comprehensive than SB0605 and adds provisions for administration on the school bus, calls for guidance for non-public schools for medical cannabis administration, and creates an update to the caregiver definitions- please follow the links for details on both bills.

Issues These Bills Address: Some children with disabilities and specific conditions experience increase in quality of life and relief from the effects of their conditions through the use of cannabis components where other drugs and treatments have failed. Allowing for the development of policies, guidelines, and training to permit the safe administration of medical cannabis during school hours and events would be a game changer for these children, and would also provide the groundwork on which we may build a system for administration in adult service systems.

According to the MMCC, as of July 2019, nine states authorize medical cannabis to be administered on school property. According to the bill's Fiscal and Policy Note:

"There are four primary policy distinctions between these states’ policies: (1) who can administer the medical cannabis (self-administration, school staff, and/or parents or guardians); (2) where the medical cannabis can be administered (on school grounds, on a school bus, at a school-sponsored event); (3) whether medical cannabis can be stored on school grounds; and (4) whether a school is required or permitted to allow medical cannabis administration on school property. Additionally, the Council of the District of Columbia passed emergency legislation in September 2019 to clarify that existing city law does not prohibit students with medical cannabis licenses from consuming medical cannabis on school grounds.

Across the country, there is broad concern that allowing students to consume medical cannabis on school grounds and/or the administration of medical cannabis by school staff could jeopardize federal funding for schools. However, the Department of Legislative Services (DLS) was unable to find any specific examples where this occurred." Furthermore, "DLS notes that the bill does not require a public school to administer or allow the administration of medical cannabis to students in school, at school-sponsored activities, or on a school bus."
 
In Maryland, MSDE has policies in place for narcotics, OTC drugs, prescription, herbal and homeopathic medications to be delivered at school and to the administration to be delegated to unlicensed staff. The framework to support cannabis administration is there but cannabis would need to be added to these policies. 
 
Regarding training to ensure safety for the students, much of the bill addresses expectations for MSDE and the MMCC to work together to develop the policies and the training protocols that would be needed. 
 
The definition of "caregiver" is one point of concern in the SB0604 and companion bills in that the definition is broadly stated. Different states have different definitions of what a caregiver is and who would be allowed to purchase, transport, manipulate, and administer this treatment. We would like to see a clearer definition, while understanding and supporting this should extend beyond parents to address access concerns for students.

It is clear that medical cannabis is not only medically beneficial to many children and adults, an we need to achieve momentum toward establishing greater ability to use these treatments in school (and hopefully soon also in Home and Community Based Services). It is also clear, as with any treatment, that there needs to be safeguards and guidance for families and administrators.
HB0184 / SB0783 : Special Education – Judicial Actions – Attorney’s Fees and Related Costs

Status: House Hearing 1/30 at 1:00 PM, W&M, Room 131
Senate Hearing 2/18 at 1:00 PM, EHEA, Room 2 West Miller

Position: Support

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.
SB0853 : Education - Voluntary Ethical Special Education Advocate Certificate Program

Status: Senate Hearing 2/18 at 1:00 PM, EHEA, Room 2 West Miller

Position: Oppose

This bill would create a “voluntary ethical special education advocate certificate program.” As in previous years when similar bills were presented to create "voluntary ethical special education advocates," the need for this bill is unclear. 

First, the term “advocate” is not defined, and it is not clear who the bill is intended to encompass. Second, the bill would allow “advocates” who complete a webinar or training module to obtain a certificate of completion. What is concerning is that the content and length of the webinar or training module are not specified in the bill. 

We cannot assume that a person who completes the webinar or training module would, by virtue of having received a certificate of completion, have reached any particular level of achievement or competency to warrant designation as an “ethical special education advocate.” This could have implications for misrepresentation as families seek assistance with Individual Education Planning. The bill, if passed, might have the effect of leading people to believe that an advocate, who possesses a certificate of completion of a webinar or training program, is more qualified to support them than he or she actually is.

Finally, because the program is voluntary, there is no guarantee that “advocates,” who may be in need of the training envisioned by the sponsors, would avail themselves of it.
For all of these reasons, we oppose SB0853.
SB0637 : Children - Therapeutic Nursery Program - Funding

Status: Senate Hearing 2/19 at 1:00 PM, B&T, Room 3 West Miller

Position: Support

This bill establishes a Therapeutic Nursery Program with certain levels of funding for children with and without significant disabilities. In the past, the funding for this needed care has been both unstable and unpredictable. This bill would create an annual appropriate of these funds and the needed framework through which funding for these services could be responsibly administered.
HB0806 / SB0657 : Income Tax - Personal Exemption - Disabled Individuals

Status: House Hearing 2/21 at 1:00 PM, W&M, Room 131
Senate Hearing 2/26 at 1:00 PM, B&T, Room 3 West Miller

Position: Support

This bill would extend personal tax exemptions to people with physical disabilities. As blindness is a current condition in the law that triggers income tax exemptions and is classified as a physical disability, this bill creates a natural extension of the exemption to be made available to people who experience blindness or other physical disabilities.
Recap of the Previous Week
HB209 / SB313 : Plastics and Packaging Reduction Act

Status: House Hearing 2/11 at 1:00 PM, E&T, Room 250
Senate Hearing 2/20 at 1:00 PM, FIN, 3 East Miller

Position: Letter of Information

The bill creates a mandate for a 10 cent charge on plastic bags and creates a work group to make recommendations on the reduction of single-use plastics. There is currently not a member suggested for that work group who would represent the interests of the disability community. We need to ensure the availability (albeit limited) of plastic straws for those who need them for nutrition and hydration, therefore we are working with coalition partners and speaking with the sponsors for friendly amendments.
HB312 / SB473 : Discrimination in Employment- Reasonable Accommodations for Applicants with Disabilities

Status: House Hearing 2/11 at 1:00 PM, EMC, Room 231
Senate Hearing 2/18 at 12:00 PM, JPR, 2 East Miller

Position: Support
The bill includes requirements of businesses to comply with the Fair Labor Standards Act and the ADA and would codify what types of supports may be considered "reasonable accommodations." There are many Marylanders who have experienced discrimination in the hiring process as they have been job seeking and there is misunderstanding among employers of what is reasonable. The bill clarifies that reasonable accommodations may include, but are not limited to, providing accessible online applications (or alternatives to online, timed applications), accepting video resumes, and for allowing direct support professional assistance during the interview process.
HB548 : Career and Technology Education Training in Soft Business Skills

Status: House Hearing 2/14 at 1:00 PM, W&M, Room 130

 Position: Support

The bill would require public schools to adjust Career and Technology programs to include modules on Workplace "soft skills" to include interacting with co-workers and supervisors, email and other communication etiquette. The Arc Maryland's position is that this training would contribute to the success of students with I/DD to enter the workforce.
HB1115 / SB436 : Courts- Improperly Summoning a Police Officer- Civil Liability

Status: Senate Hearing 2/14 at 12:00 PM, JPR, Room 2 East Miller

Position: Letter of Information

This bill would allow a civil complaint to be made from the first person against a second person who summons the police without cause to arrive at a location to address the 1st person. Some people with I/DD and co-occurring mental health conditions may summon the police out of reaction to stress, paranoid ideation, or out of another need for support and attention. This summoning is not typically malicious, and seems reasonable to the person at the time. This bill as written would expose people to civil action for damages if charges are brought against them by the person about whom they called police.
Hearing Schedule
February 18th
House:

HGO, 1:00 PM, Room 241
HB0421 : State Government – Open Meetings – Requirements and Application of Open Meetings Act (Maryland State Agency Transparency Act)

Senate:

JPR, 12:00 PM, Room 2 East, Miller
SB0473 : Discrimination in Employment - Reasonable Accommodations for Applicants With Disabilities

FIN,1:00 PM, Room 3 East, Miller
SB0441 : Mental Health - Emergency Facilities List - Comprehensive Crisis Response Centers, Crisis Stabilization Centers, and Crisis Treatment Centers

SB0453 : Behavioral Health Administration - Children With Mental Disorders - List of Available Services

SB0455 : Health - Maryland Children's Service Animal Program - Establishment

SB0624 : Health - Mobile Response and Stabilization System for Children and Families in Maryland - Study

EHEA, 1:00 PM, Room 2 West, Miller
SB0504 : Office of the Attorney General - Special Education Ombudsman

SB0604 : Public and Nonpublic Schools – Medical Cannabis – Policy for Administration During School Hours and Events

SB0605 : Public Schools – Medical Cannabis – Guidelines for Administration to Students (Connor’s Courage)

SB0783 : Special Education – Judicial Actions – Attorney’s Fees and Related Costs

SB0853 : Education - Voluntary Ethical Special Education Advocate Certificate Program
February 19th
House:

EMC, 1:00 PM, Room 231
HB0296 : Environment - Single-Use Plastic Straws - Use in a Food Service Business

E&T, 1:00 PM, Room 251
HB0457 : Environment - Drinking Water Outlets in School Buildings - Testing for Elevated Level of Lead

HGO, 1:00 PM, Room 241
HB0331 : Public Schools – Medical Cannabis – Guidelines for Administration to Students (Connor’s Courage)

HB0617 : Public and Nonpublic Schools – Medical Cannabis – Policy for Administration During School Hours and Events

JUD, 1:00 PM, Room 101
HB0721 : Vehicle Laws - Injury or Death of Vulnerable Individual - Penalties

W&M, 1:00 PM, Room 131
HB0396 : Child Care Centers - Early Childhood Screening for Developmental Disabilities

HB0516 : Public School Students - Daily Physical Activity (Student Health and Fitness Act)

HB0522 : Education – Home and Hospital Teaching Program for Students – Report

HB0711 : Maryland Longitudinal Data System Center – Inclusion of Out–of–Home Placement Data

HB0718 : State Department of Education - Early Literacy and Dyslexia Practices - Guidance and Assistance

HB0769 : Education – High School Students – Graduation and Attendance Credit for Vocational Training

Senate:

B&T, 1:00 PM Room 3 West, Miller
SB0567 : Sales and Use Tax – Exemption – Out–of–State Nonprofit Organizations

SB0637 : Children - Therapeutic Nursery Program - Funding
February 20th
House:

E&T, 1:00 PM, Room 251
HB0620 : Baltimore-Washington International Thurgood Marshall Airport - Security Screening Checkpoint - Charitable Donations

W&M, 1:00 PM, Room 131
HB0730 : Sales and Use Tax – Exemption – Out–of–State Nonprofit Organizations

HGO, 1:00 PM, Room 241
HB1120 : Health Care Providers and Health Benefit Plans - Discrimination in Provision of Services

Senate:

JPR, 12:00 PM, Room 2 East, Miller
SB0702 : Criminal Law - Exploitation of Vulnerable Adult or Elderly Individual - Undue Influence

SB0993 : County Boards and Public and Nonpublic Prekindergarten Programs and Schools – Discrimination – Prohibition

FIN, 1:00 PM, Room 3 East, Miller
SB0313 : Plastics and Packaging Reduction Act
February 21st
House:

E&T, 1:00 PM, Room 251
HB0203 : Community Parks and Playgrounds Program – Baltimore County and Howard County – Expansion

W&M, 1:00 PM, Room 131
HB0675 : Education – Public Schools – Seizure Action Plans (Brynleigh Act)

HB0699 : Office of the Attorney General - Special Education Ombudsman

HB0806 : Income Tax - Personal Exemption - Disabled Individuals

JUD, 1:00 PM, Room 101
HB1302 : Criminal Law - Felony Second-Degree Assault - Emergency Medical Care Workers

Senate:

JPR, 12:00 PM Room 2 East, Miller
SB0512 : Vehicle Laws - Injury or Death of Vulnerable Individual - Penalties
February 24th
House:

EMC, 1:00 PM, Room 231
HB0839 : Labor and Employment - Family and Medical Leave Insurance Program - Establishment
February 25th
House:

APP, 1:00 PM, Room 121
HB0584 : Day Care Centers for the Elderly and Day Care Centers for Adults - Reimbursement

EMC, 1:00 PM, Room 231
HB0712 : Labor and Employment – Leave With Pay – Bereavement Leave (Family Bereavement Act)

JUD, 1:00 PM, Room 101
HB0742 : Corrections - Restrictive Housing - Serious Mental Illness - Assessments (Restrictive Housing Reform Act)
February 26th
House:

Health and Social Services Subcommittee, 1:00 PM, Room 145
DDA Budget Hearing

HGO, 1:00 PM, Room 241
HB0547 : Health - Maryland Children's Service Animal Program - Establishment

HB0819 : Health - Health and Wellness Standards - Correctional Facilities and Health Care Facilities

W&M, 1:00 PM, Room 131
HB1043 : Education - Physical Restraint and Seclusion - Guidelines and Reporting

HB1292 : Public Schools - Special Education Classrooms - Use of Video Recording Devices

Senate:

JPR, 12:00 PM, Room 2 East, Miller
SB0768: Health - Health and Wellness Standards - Correctional Facilities and Health Care Facilities

B&T, 1:00 PM, Room 3 West, Miller
SB0192 : Budget Reconciliation and Financing Act of 2020

SB0657 : Income Tax - Personal Exemption - Disabled Individuals

FIN, 1:00 PM, Room 3 East, Miller
SB0738 : Health Care Providers and Health Benefit Plans - Discrimination in Provision of Services
February 27th
House:

E&T, 1:00 PM, Room 251
HB1118 : Motor Vehicle Administration - Records - Voluntary Disclosure of Developmental Disability

Senate:

Health and Human Services Subcommittee, 1:00 PM, Miller Senate Building, William Amoss Room (4th Floor)
DDA Budget Hearing

FIN, 1:00 PM, Room 3 East, Miller
SB0449 : Labor and Employment - Direct Care Workforce Innovation Program

SB0539 : Labor and Employment - Family and Medical Leave Insurance Program - Establishment
February 28th
House:

W&M, 1:00 PM, Room 131
HB1235 : Maryland Center for School Safety - School Employee Injury Reporting and Study

Senate:

FIN, 1:00 PM, Room 3 East, Miller
SB0863 : Maryland Medical Assistance Program - Long-Term Care Services and Supports - Personal Needs Allowance
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 - Judicial Committee
  • W&M - Ways and Means Committee

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