The Arc Maryland's Weekly Legislative Update
Week of Session: February 14 to 18, 2022
Stay up to date on legislation through our Bill Tracker! View position statements, access bill text, and check hearing times and dates.
ACTION ALERT
Contact Members of the House Early Childhood Subcommittee to Keep Students in Maryland Safe
The Early Childhood Education Subcommittee of Ways and Means has a scheduled discussion and possible vote Today, February 14th at 12:45 PM. We are asking advocates to reach out to the members of the subcommittee by phone or with a short email to express your support of Brynleigh's Act and the Self-Contained Special Education Classroom Camera Bill!

Both of these bills have incorporated important feedback from stakeholders involved with the school systems and teachers. We want them to pass: we do not want them to be carved down through amendments to a point where they will lose their intended impacts.

If either of these bills affect you, as a person with disabilities, a teacher, a family member, or other stakeholder, please express your support of Brynleigh's Act and the Self-Contained Special Ed Camera Bill! See below for more information on these bills.
HB0136: Education - Public and Nonpublic Schools - Seizure Action Plans (Brynleigh's Act)
 
Brynleigh's Act requires schools to develop Seizure Action Plans for students with seizure disorders and identify and train school personnel on the identification, response, and treatment of seizures. There are approximately 7,900 children living with epilepsy in Maryland. One in five students with disabilities also have seizures. Education, information, and training on seizure recognition would ensure school personnel are prepared to recognize and respond appropriately and efficiently to a student experiencing a seizure.

"As a teacher, my job is to educate but more than anything it is to keep children safe. To help with this, [Brynleigh's parents] brought a training through the Epilepsy Foundation to us!

To date, it was the most valuable, informative, and most important training I have ever attended - which was critical to ensuring Brynleigh was always safe at school. This provided us with the ability to know exactly how to respond in any situation, should a seizure present, and exactly how to respond. I will forever be grateful for this training and all of the knowledge it equipped me with!"
- One of Brynleigh's teachers.
HB0226: Public Schools – Self–Contained Special Education Classroom – Use of Video Recording Devices
 
This bill requires 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; requires 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.

This bill works as a safety net for students, including those who do not use words to communicate, in self-contained special education classrooms in cases of suspected abuse or unexplained injury,

In Delegate Guyton's house testimony, she indicated she had received more than 100 letters of support from organizations and families who want this legislation to pass:
“We often take for granted daily check-ins with our kids, but parents of children with disabilities cannot. If the child is clearly upset, if that child is literally bruised and broken at the end of the day, they cannot communicate what had happened to their parents."
- Excerpt from Maryland Matters article on Delegate Guyton's testimony in Ways and Means
Your Calls And Emails Are Needed Now!
We are asking that advocates reach out; by phone or with a short email, and tell the members of the Ways and Means Early Childhood Subcommittee why these bills are important to you and/or your loved ones.

What to Keep in Mind:
When speaking to or emailing a legislator or their staff, remember the impact of these bills. Are you a person who has seizures or the parent of someone with epilepsy? Do you have a child with disabilities in school who may not use traditional communication or for whom it is difficult to recall incidents? Your best advocacy will come from your expertise as a person with lived experience. Draw from those experiences! 

Early Childhood Subcommittee Chair:
Delegate Eric Ebersole
410-841-3328
Subcommittee Members:
Delegate Boteler
410-841-3365

Delegate Branch
410-841-3257

Delegate Griffith
410-841-3444
Delegate Lisanti
410-841-3331

Delegate Wilkins
410-841-3493

Delegate Guyton
410-841-3793
LEGISLATIVE NEWS AND EVENTS
New Protocols for Maryland's Senate Start Today
Starting today, February 14th, protocols for the Maryland Senate have changed! For the remainder of the 2022 session, Senate committee hearings will now take place in person. Senate Bill Hearing Testimony is now due for submission between 4 PM the day prior to the committee hearings and 10 AM the morning of the hearings on the MGA portal.

Additionally, pre-recorded testimony will be shared during hearings for anyone who may not be able to attend in-person hearings: this is a great step for continued accessibility to the legislative process.

Following joint advocacy from groups including The Arc across the state, the Senate also opted to continue to live stream voting sessions for transparency of the legislative process.

While these Senate protocols have changed, House protocols remain unchanged. Committee hearings will still take place virtually with testimony submissions and sign-ups due two business days prior on the MGA portal.
Register for DD Day at the Legislature
February 22nd - 8:15 to 10:30 AM
Join us for the largest statewide advocacy event of the year for people with intellectual and developmental disabilities! On February 22nd, Developmental Disabilities Day at the Legislature is back on zoom! Learn about important advocacy topics for this legislative session before meeting with your representatives. Please register ASAP as we are close to capacity for the event.
LAST WEEK'S BILL HIGHLIGHTS
SB0275 - Labor and Employment – Family and Medical Leave Insurance Program – Establishment (Time to Care Act of 2022)
Last Thursday, The Arc Maryland Director of Public Policy, Mat Rice, testified in the Finance Committee of the Senate on SB0275.

This legislation establishes the Family and Medical Leave Insurance Program in the Maryland Department of Labor to provide certain benefits to individuals who take leave from employment for certain purposes; establishing the Family and Medical Leave Insurance Fund as a special, non-lapsing fund; requiring, beginning January 1, 2023, certain employees, employers, and self-employed individuals to contribute to the Fund in a certain manner; etc.

While the creation of the insurance program would provide paid leave for families and people with IDD who need to take leave for health reasons, the bill is written too broadly and does not align with FMLA, thus creating two standards by which employers and employees must operate. The definitions of periods of work before eligibility, intermittent leave, employer, and others would create significant hardships for our systems of DD provider support and people who self-direct as they are also employers.

We have attempted to influence changes to the bill language the previous two times it was presented in legislative sessions to more closely align with parameters already in place through the Federal Family Medical Leave Act and the Maryland Healthy Working Families law that passed a few years ago in Maryland. Please see below for The Arc Maryland's testimony from last year. The Arc supports the creation of a Paid Family Medical Leave insurance program, but not as laid out in either of the current bills as written or with amendments that have been presented and only brush the surface on our concerns.

Click the link below and go to the time mark at 1:16:47 to hear The Arc Maryland's testimony on Thursday in Finance Committee.
HB0352 - Education - American Studies and Social Equity Standards Advisory Board - Academic Standards and Model Policy
Position: Support with DD Council

Establishing the American Studies and Social Equity Standards Advisory Board; requiring that at least 80% of the Board's members reflect the geographic diversity of the State and have a background in advocacy for certain ethnic and social groups; requiring the Advisory Board to review academic standards for American studies and develop a model policy on ethnic and social equity in public schools; requiring each county board of education to implement a curriculum for American studies before the 2025-2026 school year; etc.

American Studies will examine American History and culture from multiple perspectives, including the perspectives of various social groups to include individuals with disabilities.
TOP BILLS OF THE WEEK
HB0008 - Labor and Employment – Family and Medical Leave Insurance Program – Establishment (Time to Care Act of 2022)
AND
HB0496 - Labor and Employment - Family and Medical Leave Insurance Program - Establishment
Position: Support with Significant Amendments

Current Status: In House, Hearing 2/15 at 1 PM, EMC Committee

Testimony was due last Friday

See above information on SB0275, the companion bill for HB0008. HB0496 contains very similar bill language to the Time to Care Act. For more information on The Arc Maryland's position, see our Time to Care Act Testimony submitted last week through the link below.
SB0577 - Public Schools – Self-Contained Special Education Classroom – Use of Video Recording Devices
Position: Support

Current Status: In Senate, Hearing 2/16 at 1 PM, EHEA

Testimony is due between 2/15 at 4 PM and 2/16 at 10 AM

This bill requires 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; requires 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.

This bill works as a safety net for students, including those who do not use words to communicate, in self-contained special education classrooms in cases of suspected abuse or unexplained injury,
SB0559 - Estates and Trusts - Supported Decision Making
Position: Support

Current Status: In Senate, Hearing 2/17 at 1 PM, JPR

Testimony is due between 2/16 at 4 PM and 2/17 at 10 AM


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.

For almost two years, the Maryland Cross-Disability SDM Coalition members have developed a plan to bring Supported Decision Making to Maryland. We are so pleased to have amazing bill sponsors and champions, working to make Supported Decision Making a reality for people. Stay posted for more information coming in the Insider, and go to the National Resource Center for Supported Decision Making for more information!
COMING UP SOON
HB0698 - Labor and Employment - State Minimum Wage Rate - Increase
Position: Oppose

Current Status: In House, Hearing 2/22 at 1 PM, 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 does not include any funding mandate for Medicaid providers of services and supports for people with IDD to support the proposed escalation of the minimum wage. The bill would escalate the current schedule for minimum wage increases, requiring that the minimum wage be $15 per hour by July 1, 2022.
SB0705 / HB1255 - Education- Physical Restraint and Seclusion- Limitations, Reporting, and Training
Position: Support

Current Status: In Senate, Hearing 3/02 at 1 PM, EHEA

Proposed legislation in Maryland (2022 legislative session) would end the use of seclusion in all public schools and significantly reduce the use of seclusion in non-public schools. This legislation would be tremendous progress towards reducing and eliminating restraint and seclusion in Maryland schools.
Here are some of the highlights from the proposed legislation:
  • Prohibits the use of seclusion in all public schools;
  • Significantly limits the use of seclusion in non-public schools;
  • Expanded reporting requirements, including data from individual non-public schools;
  • Requirement for non-public schools to develop a plan for reducing the use of seclusion;
  • Oversight from the Maryland State Department of Education in verifying data when districts report zero instances; 
  • The Maryland State Department of Education is required to not only collect but also to analyze the restraint and seclusion data;
  • The Maryland State Department of Education must make the annual restraint and seclusion report public within 30 days of submission to the general assembly;
  • The Maryland State Department of Education must develop an accountability system to measure compliance;
  • The State Superintendent will be required to identify gaps in training and work with higher education to ensure sufficient training for teachers and staff.

See the charts below from the 2019/20 MSDE Restraint and Seclusion Report for some data points to know why this is so important we do better for Maryland students with disabilities. (Source: Alliance Against Seclusion and Restraint, February 13, 2022)
HEARING AND BRIEFING SCHEDULE
Tuesday, February 15th at 1:00 PM In House, EMC
  • HB0008: Labor and Employment – Family and Medical Leave Insurance Program – Establishment (Time to Care Act of 2022)
  • HB0496: Labor and Employment - Family and Medical Leave Insurance Program - Establishment
  • HB0640: Labor and Employment - Healthy Working Families Act - Application
Tuesday, February 15th at 1:00 PM In House, APP
  • HB0406: Children in Out–of–Home Placements – Placement in Medical Facilities
Tuesday, February 15th at 1:00 PM In House, W&M
  • HB0629: Election Law - Polling Places and Early Voting Centers - Electronic Devices
  • HB0702: Election Judges - Training and Signs - Accommodations for Voters in Need of Assistance
Wednesday, February 16th at 1:00 PM In Senate, B&T
  • SB0480: Child Care Stabilization Grant Program and Child Care Expansion Grant Program - Established
Wednesday, February 16th at 1:00 PM In Senate, EHEA
  • SB0577: Public Schools – Self–Contained Special Education Classroom – Use of Video Recording Devices
  • SB0617: Local School Systems - Equivalent Access Standards - Digital Tools (Nonvisual Access Accountability Act for K-12 Education)
  • SB0362: Primary and Secondary Education - Virtual Schools - Revisions
Thursday, February 17th at 1:00 PM In House, APP
  • HB0662: Advisory Stakeholder Group on Autism-Related Needs, Interagency Disabilities Board, and the State Coordinator for Autism Strategy - Membership, Staffing, and Appointment
Thursday, February 17th at 1:00 PM In House, E&T
  • HB0726: Transportation of Persons With Disabilities - Transportation Network Companies - Employee Requirements
Thursday, February 17th at 1:00 PM In Senate, JPR
  • SB0559: Estates and Trusts - Supported Decision Making
Thursday, February 17th at 1:30 PM In Senate, FIN
  • SB0600: Health Facilities - Residential Service Agencies - Reporting Requirement
Thursday, February 17th at 1:30 PM In House, HGO
  • HB0544: Health Facilities - Residential Service Agencies - Reporting Requirement
  • HB0216: Washington County - Nursing Homes and Assisted Living Programs - Essential Caregivers
Tuesday, February 22nd at 1:00 PM In House, APP
  • HB0662: Advisory Stakeholder Group on Autism-Related Needs, Interagency Disabilities Board, and the State Coordinator for Autism Strategy - Membership, Staffing, and Appointment
Tuesday, February 22nd at 1:00 PM In House, EMC
  • HB0698: Labor and Employment - State Minimum Wage Rate - Increase
Tuesday, February 22nd at 1:00 PM In Senate, EHEA
  • SB0744: Housing and Community Development – Affordable Housing – Listing and Disposal of Excess Real Property
Wednesday, February 23rd at 1:00 PM In Senate, FIN
  • SB0637: Health and Health Insurance - Behavioral Health Services - Expansion (Behavioral Health System Modernization Act)
Thursday, February 24th at 1:00 PM In House, W&M
  • HB0547: Local School Systems - Equivalent Access Standards - Digital Tools (Nonvisual Access Accountability Act for K-12 Education)
  • HB0737: Alternative Education Options - Right to Learn and Broadening Options and Opportunities for Students Today Programs (Right to Learn Act of 2022)
  • HB0660: Commission to Study the Division of Rehabilitative Services (Student Job Training Reformation Act)
  • HB0664: Child Care Programs – Maryland Infants and Toddlers Program – Information and Assistance
  • HB0725: Children - Therapeutic Child Care Program - Funding
  • HB0750: Education – Jobs That Require Driving – Requirements (Drivers Education for Good Jobs Act of 2022)
  • HB0766: Children – Residential Treatment Centers – Education Funding
  • HB0792: Workgroup to Establish a Career Credential Jump Start Pilot Program
  • HB0657: Public Schools - Standardized Behavioral Health Screenings for Students - Development and Implementation
Thursday, February 24th at 1:00 PM In Senate, FIN
  • SB0518: Career Pathways for Health Care Workers Program
Thursday, February 24th at 1:00 PM In Senate, JPR
  • SB0694: Estates and Trusts - Guardianship of the Property of Disabled Persons - Court-Appointed Attorneys
Friday, February 25th at 12:00 PM In House, W&M
  • HB0989: Public School Students - Daily Physical Activity (Student Health and Fitness Act)
Please note that the following abbreviations identify the Legislative Committees in the Assembly:
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
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
JOIN THE ARC
Interested in joining one of the most dynamic and effective grassroots networks in Maryland? Contact your local chapter of The Arc and ask about joining their Governmental Affairs/Public Policy Committee. Visit our website here to locate your nearest chapter and learn more. Achieve with us!