The Arc Maryland's Weekly Legislative Update 
 For the Week of February 12 - 16, 2018
Greetings from The Arc Maryland's Public Policy Team! Throughout the 2018 Session of the Maryland General Assembly, we bring you weekly recaps and updates every Monday on key legislation from the previous week, along with some action items for the week ahead. The Legislative Session runs from January 10 - April 9, 2018. 
Developmental Disabilities Day at the Legislature
Registration is now CLOSED  
We have reached maximum capacity at 800 people registered.  We hope to see you on February 22!
There are a lot of hearings and new bills this week. Please check out our bill tracker and the hearing schedule below!
*For a key of the Committee abbreviations, please click here or see  the end of this Newsletter*
Previous Week- Recap - Outcomes of Notable Hearings

HB 10:  State Lottery - Unclaimed Prizes - Public Prekindergarten Programs
HB 10 requires that unclaimed State lottery prizes be distributed to each county Board of Education for funding of Universal Public Prekindergarten programs. The Arc Maryland supports this bill with written testimony to encourage the expansion of the current program of early childhood education by increasing the funding for prekindergarten expansion grants.

Status:  Post Hearing, Awaiting Report
Position: The Arc Maryland supports this bill and has provided written testimony to encourage the  expansion of the current program of early childhood education by increasing the funding for prekindergarten by using unclaimed lottery prizes.

HB 351 / SB 301 : Protect Our Students Act of 2018
HB 351 and SB 301 require that the educational accountability programs, that help determine the quality of public schools, include multiple quality indicators. There must be at least three quality indicators that are measured by the accountability programs, which can include class size, case load, student opportunities, chronic absenteeism, teacher certifications, and data on discipline and restorative practices.
 
Status: HB 351 First Reading in W&M, SB 301 Post Hearing, Awaiting Report from EHEA
Position: The Arc Maryland is monitoring these bills in accordance with our Public Policy Priorities to ensure the bills include proper consideration for students with intellectual and developmental disabilities. 

HB 355 / SB 302 : Accountability in Education Act of 2018
HB 355 and SB 302 require the creation of the Education Monitoring Unit. The Unit's function is to monitor, investigate, and report on issues including, but not exclusive to,  the civil rights of teachers, students, and parents, child abuse, neglect, safety, grading, graduation requirements, and fraud.

Status: HB 355 First Reading in W&M and APP, SB 302 Post Hearing, Awaiting Report from EHEA
Position: The Arc Maryland is monitoring these bills in accordance with our Public Policy Priorities to ensure the bills include proper consideration for students with intellectual and developmental disabilities. 

HB 366 : Education - PARCC Testing - Children With Disabilities (Ben's Rule)
HB 366 allows for a parent or guardian of a child with a disability who is nonverbal to refuse to allow their child to participate in a Partnership for Assessment of Readiness for College and Careers (PARCC) assessment.

Status: Post Hearing, Awaiting Report from W&M
Position: The Arc Maryland opposed this bill and submitted written opposition testimony at hearing,  believing that exempting students with disabilities from State and district-wide assessments is a violation of the Individuals with Disabilities Education Act (IDEA). Students with intellectual and developmental disabilities have a right to take assessments and access accommodations that are included in their Individual Education Programs (IEPs). Such accommodations can include the use of assistive technology, specifically augmentative and alternate communication devices.  

HB 185:   Prince George's County Board of Education - Students With a Disability in Prince George's County Public Schools - Report PG 506-18
HB 185 requires the Prince George's County Board of Education to gather certain information about students with a disability in each public school in Prince George's County, requires the county board to study certain matters regarding students with a disability in Prince George's County public schools, and requires the county board to report its findings to the Prince George's County Delegation to the General Assembly on or before January 20, 2019.

Status: Post Hearing, Awaiting Report from W&M
Position: The Arc Maryland supports this bill and submitted written testimony with suggestions to include tracking of TY's and student arrest data, in addition to recommendations made by coalition partners DRM and MDDC. Anthony Zanfordino from The Arc Prince George's County testified in support of the bill. 

HB 427/SB 217: Public Schools - Student Sunscreen Use - Policy
HB 427 and SB 217 requires each county board of education to adopt a certain written policy to authorize a student to possess and use sunscreen on school property or at a school-sponsored activity without written permission from a health care provider; requiring a certain policy to allow certain public school employees to apply or assist a student in applying sunscreen under certain circumstances; providing that a student may only use sunscreen provided by the student's parent or guardian.

Status: HB 427 Post Hearing, Awaiting Report from W&M, SB 217 Post Hearing, Awaiting Report from EHEA 
Position: The Arc Maryland supports this bill and provided written testimony in accordance with our Public Policy Priorities in support of a policy that allows public school employees to apply or assist a student in applying sunscreen. Policy is important for students with intellectual and developmental disabilities who do not have independent self-help skills. 

This Week's Top 3 Bills to Watch - Children Issues

HB 251/SB 402: Education - Family Life and Human Sexuality Curriculum - Boundaries and Consent 
HB 251 and SB 402 require that each county Board of Education provides age appropriate instruction on the meaning of "consent" and respect for personal boundaries as part of the Family Life and Human Sexuality curriculum in every grade where the Family Life curriculum is taught.  Recent studies have shown that people with intellectual and developmental disabilities are victims of sexual abuse at a rate that is 7 times higher than people without disabilities. 

Status: HB 251 Hearing on 2/15 at 1 pm in W&M, SB 402 Hearing on 2/14 at 2 pm in EHEA
Position:  The Arc Maryland supports HB 251 and SB 402 to add instruction on consent as an empowerment tool for all children and a critical step in the fight to end vulnerable adult abuse.

HB 462 :  Baltimore City Board of School Commissioners - Public School System - Reports 
HB 462 requires the Baltimore City Board of School Commissioners to report certain information, including number of vulnerable students, relating to the Baltimore City Public School System to the Mayor of Baltimore City, the City Council of Baltimore, and the Baltimore City Delegation to the General Assembly. 

Status:  Hearing 2/15 at 1 pm in W&M   
Position:  The Arc Maryland  Support with amendments to ensure Baltimore City is reporting on students with the disabilities in each public school.

HB 503 : State Department of Education - Translation Grant Program - Established
HB 503 establishes  the Translation Grant Program in the State Department of Education to provide grants to public schools that are experiencing a significant number of requests to translate educational materials into a student's or parent's native language. 

Status:  Hearing 2/15 at 1 pm in W&M
Position:  The Arc Maryland supports this bill and will be working with Education Advocacy Coalition to provide written testimony.

This Week's Top 3 Bills to Watch-
Adults (TY), Providers, and Global Issues
 
HB 814 / SB 403: Worker's Compensation- Students in Unpaid Work-Based Learning Experiences
Authorizing all county boards of education, rather than only certain county boards of education, to waive the requirement that a participating employer reimburse the county for the cost of the premium for workers' compensation coverage provided to students placed in unpaid work-based learning experiences or pay a certain fee.  

Status: Hearing on 2/20 at 1 p.m. in House EM, Hearing on 2/13 at 1 p.m. in Senate FIN
Positions:  The Arc Maryland Supports this bill.  There are already a few counties that authorize their boards of education to waive the requirement of participating employers.  In 2012 similar legislation passed in Howard County.  We believe this will help to reduce barriers to unpaid work experiences for transitioning youth.
 
HB 580 /SB 250: Landlord and Tenant- Prohibited Lease Provisions- Late fees for Tenants Receiving Government Benefits.
HB 580/SB 250 would prohibit a landlord from including a certain provision in a residential lease that provides for a penalty for the late payment of rent if the tenant receives a government benefit under certain circumstances.

Status:  Hearing in the House on 2/13 at 1 p.m. in E&T
Position:  The Arc Maryland supports this bill as many individuals with I/DD receive and rely on SSI/SSDI and other government benefits to pay rent.  In some documented cases, late fees have been severe, impacting housing stability.

HB 786 / SB 539: Correctional Services- Restrictive Housing- Limitations
HB 786 /SB 539  Restricts to 15 consecutive days or a total of 90 days that an inmate may be placed in restrictive housing in a 1-year period and prohibits a certain vulnerable inmate (an inmate with Developmental Disabilities) from placement in restrictive housing under certain circumstances; etc.  

Status: Hearing in the House on 2/15 at 1 p.m. in JUD and Hearing in the Senate on 2/13 at 1 p.m. in JPR
Position:  The Arc Maryland supports HB786/ SB539.  According to a recent investigative report completed by Disability Rights Maryland:  Beyond Incarceration:  Lock Down for Persons with Disabilities , there is widespread harm and misuse of segregation, and legal violations in our prison system.  We seek reform including safer alternatives to segregation and other punitive measures. 

Keep these on your radar (coming soon)!

HB 287/ SB 461: Selling or Providing Alcoholic Beverages to Individuals with Intellectual Disabilities and Others- Repeal of Prohibition
The bill repeals provisions of law in Allegany, Carroll, Charles, Harford, Kent, Montgomery, Queen Anne's, and Washington counties that prohibit a license holder or an employee from knowingly selling or providing an alcoholic beverage to an individual with an intellectual disability or to an individual if a family member or guardian has given written notice to the license holder or employee under certain circumstances.

Status: Hearing in the House on 2/23 at 1 p.m. in ECM and Hearing in the Senate on 2/23 at 1 p.m. in EHEA
Position:  The Arc Maryland Supports this bill.  Refusing to serve a person on the basis of disability or the assumption of a disability is discriminatory.

HB 664 / SB 543: Labor and Employment- Payment of the Minimum Wage Required ("Fight for 15")
HB 664/SB 543 proposes to increase the state minimum wage incrementally to $15 per hour by July 1, 2023, and then by the Consumer Price Index (CPI) every year beginning July 1, 2024.  The bill includes a provision to increase DD funding for Community Providers each year to address Direct Care Provider wages with related expenses and COLA.  Funding would be increased by 7% in FY20, followed by 5.5% in each of the years from FY21 to FY24.  This provision is designed to keep the wage factor in the DD rate at a certain percentage above minimum wage as the state minimum wage increases. 

Status: Hearing on 2/27 at 1 p.m. in House EM, Hearing on 2/20 at 1 p.m. in Senate FIN
Position: The Arc Maryland believes that Direct Support Professionals perform a critical role in our system of supports in Maryland and that one way we address the Direct Care crisis is through increasing the DD funded wage factor in the DDA rates.  

HB782 / SB 550: Maryland Achieving a Better Life Experience (ABLE) Program - Death of a Designated Beneficiary  
This bill authorizes money and assets in an ABLE account to be transferred, on the death of a designated beneficiary, to a certain estate or a certain ABLE account for an eligible individual, unless prohibited by federal law; and prohibits the State, unless required by federal law, from seeking payment from an ABLE account or its proceeds for certain medical benefits paid for the designated beneficiary (elimination of the claw-back provision).

Status: Hearing on 2/21 at 1 p.m. in House HGO, Hearing on 2/21 at 1 p.m. in Senate B&T
Position:  The Arc Maryland supports this bill as the claw back provision is seen as a barrier for full participation in the ABLE program for self-advocates and their families.

We Need Your Help

The Arc Maryland is continuing to collect stories on the impact that various bills and actions could have on individuals with I/DD and their families. Please join our advocacy efforts by clicking on the links below to share your stories!
Federal Action Alert

A vote for The ADA Education and Reform Act (HR 620) is expected this week on 2/14 or 2/15. More than 28 years after the passage of the ADA, the House is considering the passage of this "Reform" Act that would to change the notification and timing requirements for businesses to comply with the ADA before facing civil action for non-compliance.  Specifically, this bill prevents people with disabilities from bringing lawsuits over architectural barriers that violate the Americans with Disabilities Act (ADA) unless the individual has provided a business with 60 days to acknowledge that there is a problem, and then another 120 days to begin to address the barrier.  Businesses have had years to understand the ADA and comply with the law.  No other civil rights group is forced to wait 180 days to enforce their civil rights.

Attached is a  fact sheet from Disability Rights Education & Defense Fund for more information.  Please consider reaching out to your representatives to provide education on the concerns with this legislation.  We believe that HR 620 weakens the ADA that was designed to protect the civil rights of people with disabilities.  

Talking Points:
  • I am a (person with a disability, parent, member of The Arc Maryland).
  • The ADA Education and Reform Act is detrimental to the civil rights of individuals with disabilities.
  • The ADA Education and Reform Act removes incentives for businesses to comply with ADA by removing consequences, and places the burden of enforcement of the ADA on individuals with disabilities.
  • The ADA Education and Reform Act does nothing to allay businesses concerns about money damages and frivolous lawsuits because the ADA already does not allow for money damages. 
  • Please help us keep the ADA intact.
   Click here to contact your representative. 
billtracker
Bill Tracker
Click here for The Arc Maryland Bill Tracker. (Click on the bill number in the chart to see the full bill)
This Week's Notable Hearings
schedule
February 13th
  • House: Environment & Transportation (E&T) - House Office Building in Room 250 at 1 pm
    • HB 580, Landlord and Tenant - Prohibited Lease Provisions - Late Fees for Tenants Receiving Government Benefits
    • Description: Prohibiting a landlord from including a certain provision in a residential lease that provides for a penalty for the late payment of rent if the tenant receives a government benefit under certain circumstances; and defining the term "government benefit".
  • Senate: Finance (FIN) - Miller Senate Building in Room 3 East at 1 pm
    • SB 403, Workers' Compensation - Students in Unpaid Work-Based Learning Experiences
    • Description: Authorizing all county boards of education, rather than only certain county boards of education, to waive the requirement that a participating employer reimburse the county for the cost of the premium for workers' compensation coverage provided to students placed in unpaid work-based learning experiences or pay a certain fee.
  • Senate: Judicial Proceedings (JPR) - Miller Senate Building in Room 2 East at 1 pm
    • SB 539, Correctional Services - Restrictive Housing - Limitations
    • Description: Authorizing a certain sanction for a certain inmate who has been found guilty of a certain administrative infraction; prohibiting a certain vulnerable inmate from placement in restrictive housing under certain circumstances.
  • Senate: Education, Health, Environmental Affairs (EHEA) - Miller Senate Building in Room 2 West at 1 pm
    • SB 483, Public Schools - Sprinkler Systems - Required
    • Description: Requiring that a sprinkler system that meets certain requirements be installed in each public school building in the State; and providing for the application of certain provisions of law.
February 14th
  • Senate: Education, Health, and Environmental Affairs (EHEA) - Miller Senate Building in Room 2 West at 2 pm
    • SB 402, Education - Family Life and Human Sexuality Curriculum - Boundaries and Consent
    • Description: Requiring a county board of education to provide age-appropriate instruction on the meaning of "consent" and respect for personal boundaries as part of the Family Life and Human Sexuality curriculum in all grades in which the curriculum is taught in public schools in the county beginning in the 2018-2019 school year.
  • Senate: Finance (FIN) - Miller Senate Building in Room 3 East at 1 pm
    • SB 527, Health - Standards for Involuntary Admissions and Petitions for Emergency Evaluation - Modification
    • Description: Altering certain circumstances to allow a petition for an emergency evaluation to be made for certain individuals; altering the circumstances for petitions for the emergency evaluation of certain individuals. 
  • Senate: Judicial Proceedings (JPR) - Miller Senate Building in Room 2 East at 1 pm
    • SB 579, Criminal Procedure - Incompetency and Criminal Responsibility - Dismissal of Charges
    • Description: Authorizing the State to petition to delay the dismissal of criminal charges against a defendant found incompetent to stand trial in order to protect a victim or potential victim who is a minor.
  • House: Judiciary (JUD) - House Office Building in Room 100 at 1 pm
    • HB 956, Civil Action - Offense Against Vulnerable or Elderly Adult
    • Description: Authorizing a victim of a certain offense to bring a civil action for treble damages against a certain person; establishing that a certain criminal conviction is not a prerequisite for maintenance of an action under the Act.
February 15th
  • House: Ways and Means (W&M) - House Office Building in Room 130 at 1 pm
    • HB 503, State Department of Education - Translation Grant Program - Established
    • Description: Establishing the Translation Grant Program in the State Department of Education to provide grants to public schools that are experiencing a significant number of requests to translate educational materials into a student's or parent's native language.
  • House: Ways and Means (W&M) - House Office Building in Room 130 at 1 pm
    • HB 462, Baltimore City Board of School Commissioners - Public School System - Reports
    • Description: Requiring the Baltimore City Board of School Commissioners to report certain information relating to the Baltimore City Public School System to the Mayor of Baltimore City, the City Council of Baltimore, and the Baltimore City Delegation to the General Assembly. 
  • House: Ways and Means (W&M) - House Office Building in Room 130 at 1 pm
    • HB 251, Education - Family Life and Human Sexuality Curriculum - Boundaries and Consent
    • Description: Requiring a county board of education to provide age-appropriate instruction on the meaning of "consent" and respect for personal boundaries as part of the Family Life and Human Sexuality curriculum in all grades in which the curriculum is taught in public schools in the county beginning in the 2018-2019 school year.
  • House: Judiciary (JUD) - House Office Building in Room 100 at 1 pm
    • HB 786, Correctional Services - Restrictive Housing - Limitations
    • Description: Authorizing a certain sanction for a certain inmate who has been found guilty of a certain administrative infraction; prohibiting a certain vulnerable inmate from placement in restrictive housing under certain circumstances.
February 16
  • Senate: Budget and Taxation (B&T) Subcommittee on Health and Human Services - 3 West Miller Senate Building at 1 pm
    • MDH Behavioral Health Administration Budget Hearing
key
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
  • 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 Public Policy Team 

Ande Kolp, Executive Director

Tonia Ferguson, Esq., Director of Public Policy & Special Initiatives
Lori Scott, RN, MS, Public Policy Fellow
Grace Williams, Public Policy Fellow