The Arc Maryland's Weekly Legislative Update
Week of Session: February 28 to March 4, 2022
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Stay up to date on legislation through our Bill Tracker! View position statements, access bill text, and check hearing times and dates. |
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Please Contact Governor Larry Hogan & Secretary David Brinkley, Department of Budget and Management
Urge them to Add $35 million in State General Funds in a Supplemental Budget to Increase Rates for
Developmental Disability Supports
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The Governor's Supplemental Budget #1 was released last week with no additional funding for DDA providers, beyond what is considered a continuation of previously committed funding. On February 21st, the Developmental Disabilities Coalition submitted a letter to the governor, requesting an additional $35 million in state funds for DD Service Providers, which would be matched by another $35 million in federal funds for a total funding increase of $70 million. While $35 million is a lot of money, it represents only a fraction of the funding needed in the DDA Community Services system to return stability to our services.
We will need the strength of our grassroots to advocate for the funding needed to support Marylanders with IDD!
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Why?
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Recent rate study results indicate that the funding for DDA Community Services is significantly less than what is needed for providers to continue to provide quality services and supports to Marylanders with IDD.
- Over 18,000 Marylanders rely on DDA-funded supports to live and work in the community.
- DD community providers are facing the worst staffing crisis in history, with 1 in 3 providers reporting a vacancy rate of direct support professionals between 30% and 60% and almost 10% of providers reporting a vacancy rate between 50% - 60%.
- Without adequate staffing, providers cannot continue to support people with disabilities.
- New people who need supports, including approximately 600 youth that transition out of school each year, and people coming off of the DDA Waiting List, will struggle to find community providers able to support them due to the severe workforce shortage.
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Why Now?
- The Maryland Department of Health has created a funding plan to increase DD rates as needed and as identified through rate study results, but the funding plan won’t be fully implemented until July of 2026, at the earliest.
- Marylanders with disabilities need supports now!
- The federal government has provided significant federal funding assistance to Maryland to help Maryland recover from the pandemic.
- Maryland’s DD community needs additional help—the pandemic deepened our workforce crisis and big box stores are able to pay higher wages.
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Message Points (Please personalize your messages in your emails and calls:
Thank Governor Hogan and Secretary Brinkley for their support of the DD community.
Let them know we are counting on them for a bold solution to the challenges facing Marylanders with developmental disabilities.
We need $35 million in state general funds (which will be matched by the same amount in federal funds) for a total increase of $70 million for DD community supports.
Now is the time to speed up implementation of the state’s plan for new DD rates: when there is a budget surplus, and federal American Recovery and Protection Act (ARPA) funds are available.
The workforce shortage in DD supports is the worst in history, with 1 in 3 providers reporting a direct support vacancy rate of 30-60%, and close to 10% of providers reporting a vacancy rate of 50-60%.
18,000 Marylanders, their families, community providers, and the essential healthcare professionals who are the backbone of community services need assistance now!
Contact:
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Larry Hogan, Governor
100 State Circle
Annapolis, Maryland 21401-1925 Phone: 410-974-3901
1-800-811-8336
MD Relay 1-800-735-2258
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David Brinkley, Secretary
Department of Budget and Management
Phone: (410) 260-7041
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LEGISLATIVE NEWS AND EVENTS |
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DDA Budget Hearings This Week |
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The Developmental Disabilities Administration (DDA) budget hearings take place this Wednesday and Thursday!
House Hearing: 3/2 at 1 PM in the APP Health and Social Services Subcommittee
Testimony due today (2/28) between 8 AM and 3 PM on the MGA portal
Senate Hearing: 3/3 at 1 PM in the B&T Health and Human Services Subcommittee
Testimony due between 3/2 at 4 PM and 3/3 at 10 AM on the MGA portal
Be sure to tune into these hearings live through the MGA calendar to hear the latest on the DDA budget and its ramifications for Marylanders with IDD, their families, and professional supports. Check out a fact sheet from the Maryland Developmental Disabilities Coalition on the FY23 Proposed DDA Budget.
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Hundreds of Advocates Gather Online for Annual Developmental Disabilities Day at the Legislature |
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Last Tuesday, February 22nd, over 830 advocates, legislators, and community leaders stopped by for Developmental Disabilities Day at the Legislature! Attendees kicked off the day learning about key issues affecting Marylanders with intellectual and developmental disabilities (IDD) during Maryland's Legislative Session. Following the event, advocates went off to call and virtually meet with their representatives to share what issues are important to them.
Thank you to all of you who joined us for the largest statewide, grassroots advocacy event of the year for people with IDD! Your participation helps create a Community For All in Maryland! If you missed DD Day, you can check out the full event on your Youtube Channel below! You can also review fact sheets on key legislation through the button below.
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Advocates attending the online DD Day Event |
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The Arc Maryland Executive Director Ande Kolp shares information about the Developmental Disabilities Administration's FY23 Proposed Budget |
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Governor Larry Hogan thanks attendees for their advocacy during the pandemic. |
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HB0136/SB0299- Education - Public and Nonpublic Schools - Seizure Action Plans (Brynleigh's Act) is Moving!
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Current Status:
HB0136 - Passed in House (135-0)
SB0299 - In Senate Favorable with Amendments Report EHEA
Last week was a good week for our advocacy and movement on Brynleigh's Act, which requires at least two school personnel to be trained in seizure recognition and response. We are grateful for all of the amazing support from the sponsors, advocates, and committees!
We are hoping that SB0299 moves through the Senate as amended and that HB0136 is amended to match the Senate companion bill!
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HB0226/SB0577 - Public Schools – Self-Contained Special Education Classroom Use of Video Recording Devices
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Current Status:
HB0226 - Under Review in W&M
SB0577 - Under Review in EHEA
This bill would require each county board of education, beginning next school year, to install a video recording device in each self-contained special education classroom; provide for the installation, operation, notification, and use of a video recording device and the viewing, use, and confidentiality of system recordings; and require the school administration to notify the appropriate law enforcement agency on receipt of a complaint of alleged neglect or abuse of a student under certain circumstances.
The Arc Maryland supports this bill as we believe the installation of cameras in self-contained special education classrooms may provide benefit to both students and teachers, however, the fiscal note attached to this bill may be problematic for the state. In addition, upon recent discussions, many advocates have expressed their desire for an effective solution which may also include additional school personnel, and meaningful data collection as we look at statewide installation of cameras in self-contained special education classrooms.
The Arc Maryland has been in conversations with stakeholders as we work through possible outcomes. Our coalition partner, the DD Council, recommended in their original letter of information, a meaningful pilot program (for example 10% of schools in the state) may be a good option to get the information and data necessary for statewide implementation. They suggested a demographically representative number of schools in the State. The Arc Maryland agrees.
In order to measure the outcomes of the pilot, and justify increasing the number of classrooms annually, the following are suggested additional data points to be added to the bill and needed from all schools with self-contained special education classrooms (regardless of whether a camera is installed or not):
- The number of complaints received about suspected abuse and neglect
- The number of substantiated complaints
- The demographic data (gender and race) of any student involved in a complaint of abuse and neglect
The data for schools involved in the pilot should also be compared to the data from all schools.
This bill is very personal for many of the families connected to The Arc and we are grateful for the dialogue we are having with legislators and partners as we work toward a meaningful solution - to keep students safe and ensure teachers have the support they need!
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SB0559 - Estates and Trusts - Supported Decision Making
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Status: In Senate Favorable with Amendments Report JPR
Efforts to improve state guardianship systems and to develop alternatives to guardianship continue to expand at both the state and national levels. As of today, 20 jurisdictions in the United States have passed laws formally recognizing Supported Decision Making (SDM) as a legal option.
The Arc Maryland testified on this bill in front of the Senate JPR committee on 2/17 with members of the Maryland Developmental Disabilities Coalition, Brain Injury Association, and the Estates and Trusts Section of the Bar. Additionally, many families mobilized on our call to action and submitted written testimony expressing their support of the bill.
We are happy to report the bill was voted Favorable with Amendments (friendly) out of JPR last week and heads to the Senator floor for a vote today! We hope to keep the positive movement going as the House Companion Bill (HB0529) has a hearing coming up on 3/9 in JUD.
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HB0698 - Labor and Employment - State Minimum Wage Rate - Increase
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Current Status: In House, Hearing was on 2/22 in EMC
This legislation would increase the state minimum wage rates in effect for certain periods of time and repeal the authority of the Board of Public Works to temporarily suspend an increase to the State minimum wage rate. The bill would escalate the current schedule for minimum wage increases, requiring that the minimum wage be $15 per hour by July 1, 2022.
The Maryland Developmental Disabilities Coalition supports this bill with amendments, as people need to make a wage they can live on. However, the legislation does not include funding mandates for Medicaid providers of services and supports for people with IDD. Previous minimum wage bills in the state (2014 and 2019) contained funding mandates for providers to support the proposed escalations of the minimum wage that we would like to see in this legislation.
We understand this bill is not likely to move this session, but have highlighted it to keep our members informed!
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HB0737- Alternative Education Options - Right to Learn and Broadening Options and Opportunities for Students Today Programs (Right to Learn Act of 2022)
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Current Status: In House, Hearing was on 2/24 in W&M
This bill would create what it describes as “scholarships” for students who attend “failing schools” and who choose to pursue an alternative education option. Although the bill frames the portability of education funds as a scholarship program, it is actually a voucher program that would enable students to use public funds to attend private schools.
The legislation requires participating schools to comply with Title VI of the Civil Rights Act of 1964 and Title 20 of the State Government Article, which prohibits discrimination on the basis of race, color, national origin, or sexual orientation. However, it does not include a requirement that participating schools comply with Section 504 of the Rehabilitation Act or the Americans with Disabilities Act, which prohibits discrimination on the basis of disability. This omission could result in public funding in the form of “scholarships” going to private schools that refuse to enroll, accommodate, or otherwise serve students with disabilities. We believe this would be harmful to students with disabilities.
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HB0660 - Commission to Study the Division of Rehabilitative Services (Student Job Training Reformation Act)
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Current Status: In House, Hearing was on 2/24 in W&M
This legislation would establish the Commission to Study the Division of Rehabilitative Services (DORS) to evaluate and make recommendations on improving aspects of its programs and services. It also requires the Commission to report its findings and recommendations to the Governor and the General Assembly by December 15, 2022.
DORS is Maryland's vocational rehabilitation program, which plays a critical role for people with disabilities who want to get or keep a job. Many Marylanders with disabilities cannot access these services due to barriers. A thorough review of DORS is needed.
Last week, we provided testimony alongside People On the Go of Maryland requesting to add the Maryland Department of Disabilities and People On the Go to the commission membership list and see a requirement that the commission review and provide recommendations on the condition of the workforce of people with IDD. Additionally, we requested that amendments be added to the legislation so that the Commission shall evaluate and make recommendations on "ways to serve more people, including a thorough review of the Workforce Technology Center, and ways to provide more inclusive work-based experiences."
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SB0636 - Maryland Department of Health - Waiver Programs - Waitlist Reduction (End the Wait Act)
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Position: Support
Current Status: In Senate, Hearing 3/02 at 1 PM, B&T
Testimony is due between 3/1 at 4 PM and 3/2 at 10 AM on the MGA Portal
We need your stories. Please contact Ande Kolp to share yours today! Parents, if you are interested in testifying in person on Wednesday in Annapolis, we would be happy to support you with information and assistance to develop your testimony.
This legislation would require the Maryland Department of Health to develop a plan to reduce the waitlist for waiver programs by 50% beginning in FY24. Clarifying amendments have been drafted to capture increased access for those on the Autism Waiver Registry, which is technically not a waitlist but included in the bill, and provisions requiring the department to examine what existing providers need for capacity to support additional people coming off the waitlists.
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SB0705 / HB1255 - Education- Physical Restraint and Seclusion- Limitations, Reporting, and Training
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Position: Support
Current Status:
SB0705 - In Senate, Hearing 3/2 at 1 PM, EHEA
Testimony is due between 3/1 at 4 PM and 3/2 at 10 AM on the MGA Portal
HB1255 - In House, Hearing 3/10 at 1 PM, W&M
This legislation would end the use of seclusion in all public schools and significantly reduce the use of seclusion in non-public schools. Similar legislation is also progressing on a national level.
If you would like to provide input on the bill or would like assistance with testimony, please contact Luc Chausse at lchausse@thearcmd.org. |
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HB1121 - Driver’s Licenses, Identification Cards, and Registration Plates – Notation for Autism Spectrum
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Position: Oppose
Current Status: In House, Hearing 3/3 at 1 PM, E&T
This legislation would require the Motor Vehicle Administration(MVA) to include a notation to indicate in the application for driver's licenses, ID cards, and registration plates specifying that the applicant is on the autism spectrum. While the bill is well-intended, we believe the designation would create unintended consequences for people on the autism spectrum and their interactions with law enforcement, employers, the courts, and others.
We agree that there is more to be done in the state of Maryland to ensure police are equipped with the information and training they need to effectively, compassionately, and safely interact with people in crisis. We would like to see more focus on funding to the Ethan Saylor Alliance, which provides first responders with training led by advocates with IDD. The training has been highly effective and must continue. Through this approach, we hope that all people (regardless of whether they have an observable or invisible disability) are treated with mutual understanding and respect.
A similar bill in 2019 that passed in the general assembly created blue cards to be provided by the MVA with training and awareness requirements for police, however, it is not clear at the MVA that these blue cards are even available. The Arc Maryland would support an amendment to the bill to require the conspicuous posting of notices of blue card availability at the MVA and additional awareness/training for police.
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SB0680 - Maryland State and Local Parks – Playground Accessibility – Communication Boards
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Position: Support with Amendments
Current Status: In Senate, Hearing 3/1 at 1 PM, EHEA
Testimony is due between 2/28 at 4 PM and 3/1 at 10 AM on the MGA Portal
This legislation would require the Department of Natural Resources and local governing bodies to construct communication boards in each public playground by October 1, 2027, and provide funding for their construction. It defines communication boards as devices that display photos, symbols, or illustrations to enable individuals with limited language skills to express themselves and communicate.
We would like to see amendments in the bill to make the communication board design universal across the state to provide easy recognition for the children who would use it. Communication boards present an additional opportunity for connection and play for children with and without verbal communication.
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SB0868 / HB1020 - Developmental Disabilities Administration – Self–Directed Services (Self–Direction Act of 2022)
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Position: Support with Amendments or Letter of Information
Current Status:
SB0868 - In Senate, Hearing 3/8 at 1 PM, FIN
Testimony is due between 3/7 at 4 PM and 3/8 at 10 AM on the MGA Portal
HB1020 - In House, Hearing 3/10 at 1 PM, HGO
This legislation would require the DDA to establish and provide training materials for coordinators of community services on self-directed services and require them to educate self-directed service recipients on their options, and others on an annual basis. The bill changes several definitions of services within Self-Direction that would require a waiver amendment or state-only funding to provide.
The Arc Maryland was a part of a summer workgroup that looked at some of the issues with Self Direction services and made recommendations for restoring certain services to the waiver that are eligible for self-direction and strengthening other services to better meet the needs of people served through the service model.
We did not have the opportunity to see the bill language prior to the filing of the bill. Upon review, however, we found some definitions that we believe would create unintended consequences or change the service in such a way that we would not be able to support the change. We have developed a set of amendment recommendations that we have shared with our valuable partners at the Self-Directed Advocacy Network (SDAN) of Maryland and we are hopeful that changes may be made to the bill as it moves through the legislative process to strengthen it. We are committed to working to see SDS restored to a service that is more person-centered, supportive to the family, and designed with enough flexibility to meet the needs of people who chose to self-direct their services.
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HEARING AND BRIEFING SCHEDULE |
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Tuesday, March 1st at 1:00 PM In House, E&T
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HB0878: Howard County - Department of Housing and Community Development - Housing Opportunities Trust Fund Ho. Co. 05-22
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Tuesday, March 1st at 1:00 PM In Senate, EHEA
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SB0680: State and Local Parks – Playground Accessibility – Communication Boards
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Wednesday, March 2nd at 1:00 PM In House, APP Health and Social Services Subcommittee
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HB0300: Budget Bill (Fiscal Year 2023) - DDA Budget
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Wednesday, March 2nd at 1:00 PM In Senate, B&T
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SB0636: Maryland Department of Health - Waiver Programs - Waitlist Reduction (End the Wait Act)
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SB0623: Income Tax - Subtraction Modification - Essential Health Care Workers
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SB0706: Nonpublic Educational Programs - Children With Disabilities - Costs of Teacher Salaries
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SB0506: Children - Therapeutic Child Care Program - Funding
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Wednesday, March 2nd at 1:00 PM In Senate, EHEA
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SB0705: Education – Physical Restraint and Seclusion – Limitations, Reporting, and Training
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Thursday, March 3rd at 1:00 PM In Senate, B&T Health and Human Services Subcommittee
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SB0290: Budget Bill (Fiscal Year 2023) - DDA Budget
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Thursday, March 3rd at 1:00 PM In House, E&T
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HB1121: Driver’s Licenses, Identification Cards, and Registration Plates – Notation for Autism Spectrum
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Thursday, March 3rd at 1:00 PM In House, W&M
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HB0850: Schools, Prekindergarten Programs, and County Boards of Education – Discrimination
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HB0652: More Opportunities for Career-Focused Students Act of 2022
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Thursday, March 3rd at 1:30 PM In House, HGO
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HB1130: Health Occupations - Prohibition on Expiration of Licenses, Certificates, Permits, and Registrations
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Friday, March 4th at 12:00 PM In House, W&M
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HB0933: Child Care Scholarship Program - Alterations (Maryland Child Care Working Families Act)
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HB0993: Child Care Capital Support Revolving Loan Fund - Established
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HB0995: Early Childhood Development - Child Care Scholarship Program - Alterations
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HB1100: Child Care Providers and Employees - Bonuses
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Tuesday, March 8th at 1:00 PM In Senate, FIN
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SB0010: Workers' Compensation - COVID-19 Occupational Disease Presumption
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SB0868: Developmental Disabilities Administration – Self–Directed Services (Self–Direction Act of 2022)
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Tuesday, March 8th at 1:00 PM In Senate, EHEA
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SB0888: Education - American Studies and Social Equity Standards Advisory Board - Academic Standards and Model Policy
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SB0583: Maryland Center for School Safety – Public Schools – Reporting of Classroom Disruptions
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Tuesday, March 8th at 1:00 PM In Senate, JPR
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SB0710: Criminal Procedure - Expungement of Records - Modifications
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Tuesday, March 8th at 1:00 PM In House, APP
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HB1019: Transportation – Elderly and Handicapped Transportation Service – County Funding
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HB0613: Public Schools - Appropriations for School Safety Expenditures - Increase
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Wednesday, March 9th at 1:00 PM In House, JUD
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HB0529: Estates and Trusts - Supported Decision Making
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Wednesday, March 9th at 1:00 PM In House, E&T
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HB01332: State and Local Parks – Playground Accessibility – Communication Boards
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Wednesday, March 9th at 1:00 PM In Senate, FIN
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SB0625: Transportation of Persons With Disabilities - Transportation Network Companies - Employee Requirements
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Wednesday, March 9th at 1:00 PM In Senate, B&T
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SB0806: Child Care Providers and Employees - Bonuses
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SB0761: Funding for Wage Increases for Medical Provider Workers
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Wednesday, March 9th at 1:00 PM In House, W&M
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HB1145: Education - Student Behavior - Parent Notice and Required Counseling (Parent Accountability Act)
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Wednesday, March 9th at 1:30 PM In House, HGO
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HB1020: Developmental Disabilities Administration – Self–Directed Services (Self–Direction Act of 2022)
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Thursday, March 10th at 1:00 PM In Senate, FIN
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SB0721: Labor and Employment - State Minimum Wage Rate - Increase
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Thursday, March 10th at 1:00 PM In Senate, JPR
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SB0666: Schools, Prekindergarten Programs, and County Boards of Education – Discrimination
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Thursday, March 10th at 1:00 PM In Senate, B&T
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SB0838: Transportation – Elderly and Handicapped Transportation Service – County Funding
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Thursday, March 10th at 1:00 PM In Senate, EHEA
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SB0744: Housing and Community Development – Affordable Housing – Listing and Disposal of Excess Real Property
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Thursday, March 10th at 1:00 PM In House, W&M
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HB1255: Education – Physical Restraint and Seclusion – Limitations, Reporting, and Training
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HB1301: Nonpublic Educational Programs - Children With Disabilities - Costs of Teacher Salaries
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HB1258: Primary and Secondary Education – Educational Options – Established
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HB1327: Education - Home and Hospital Teaching Program for Students - Report
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Thursday, March 10th at 1:00 PM In House, APP
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HB0774: Human Services – Universal Basic Income for Transition–Age Youth – Establishment
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HB0916: Higher Education - Programs for Behavioral Health Professionals in Primary and Secondary Schools - Requirements and Grant Program
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HB1350: Funding for Wage Increases for Medical Provider Workers
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Please note that the following abbreviations identify the Legislative Committees in the Assembly: |
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House of Delegates:
APP - Appropriations
EMC - Economic Matters
E&T - Environment and Transportation
HGO - Health and Government Operations
HRU - Rules and Executive Nominations
JUD - Judiciary
W&M - Ways and Means
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Senate:
B&T - Budget and Taxation
EHEA - Education, Health, and Environmental Affairs
EXN - Executive Nominations
FIN - Finance
JPR - Judicial Proceedings
SRU - Rules
R&R - Reapportionment and Redistricting
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See what's happening on our social sites: |
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