The Arc Maryland's Weekly Legislative Update 
 For the Week of March 19 - 23, 2018

 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*
 
This Wednesday is Down Syndrome Awareness Day!

 

The Arc Maryland is partnering with the Catholic Conference of Maryland for a celebration of Down Syndrome Awareness Day.  On Wednesday, 3/21/18,   proclamations will be presented on the floors of the House and Senate at the beginning of their sessions and in the Governor's office.  Please let us know if you would like to be a part of the events by contacting Lisa King at lking@thearcmd.org

 

Here is a Recap of Last Week's Notable Hearings
 
On Friday evening, the House Appropriations Committee voted to accept the recommendations of the Sub-Committee to restore the 3.5% funding increase for community-based services to the FY19 DDA budget! 

 


We are grateful to our champions in the House and the Senate for their actions, and for our wonderful DD Coalition partners, DSPs and Self-Advocates who came to Annapolis on Friday from The Arc Carroll County, The Arc Montgomery County, and The Arc Central Chesapeake Region.  Thank you to EVERYONE who sent in letters and cards, and who made phone calls and visits to representatives.  This success did not come easy and is the direct result of our grassroots advocacy!  Next, the full House will vote on the acceptance of the Budget Bill and BRFA with amendments. The House convenes this evening at 8 p.m.

 HB 966/SB 1103Education - Voluntary Ethical Special Education Advocate Certificate Program

Requiring the State Department of Education to establish the Voluntary Ethical Special Education Advocate Certificate Program on or before July 1, 2019, for administration of a voluntary certificate program for ethical special education advocates; specifying qualifications and application procedures for a certificate; requiring the Department to issue a certificate to a certain applicant; authorizing an applicant to petition for judicial review of a decision of the Department that relates to issuing or renewing a certificate.

Status: HB 966 Post Hearing, Awaiting Report from W&M; SB 1103 Post Hearing, Awaiting Report from EHEA

Position: The Arc Maryland submitted opposition testimony in collaboration with Education Advocacy Coalition.  Although The Arc Maryland appreciates amendments made to this bill based on feedback we submitted last session, the bill is still concerning as the purpose of the bill is not clear  and the language is vague. "Advocate" is not defined and the components and rationale of the selection of the training program that would be used for certification makes the value of certification questionable.  

SB 1257: Safe School Act of 2018
Requiring each county board of education to employ a designated security administrator; requiring each county board to prepare a school emergency plan for all public schools in the county; requiring each county board to perform a safety assessment of each public school in the county each year; requiring each county board to establish a school threat assessment team; establishing the Safe Schools Fund to provide grants to county boards for the implementation of approved emergency emergency plans.

Status: Post Hearing, Awaiting Report from EHEA

Position: The Arc Maryland will submit a letter of information.  Our goal is to ensure that the needs of students with disabilities in public schools are fully considered in all emergency planning efforts and that we have a voice to collaborate with the MD Safe Schools Center to that end. It is imperative that students with disabilities, and others who need assistance during evacuations and drills, have the support they need to ensure their safety in schools.

    
Upcoming Bills to Watch

 HB 427SB 217Public Schools - Student Sunscreen Use - Policy

Requiring 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; and requiring each county board to encourage public schools to educate students about sunscreen, sun safety, and the policy established under the Act.

Status: HB 427 passed in House (135-0), First Reading in EHEA in the Senate; SB 217 passed in Senate (44-0), Hearing Scheduled 3/22 in W&M in House

Position: The Arc Maryland submitted written testimony in support of a policy that includes students with I/DD who have access to sunscreen at school. T he existing MSDE School Health Service Guidelines do not address the need to support students with disabilities with sun protection. Current guidelines allow medications and treatments to be given at school with parental permission but do not allow sunscreen to be used in school. Some students with disabilities take medication that increases their photosensitivity, placing them at increased risk of sunburn when outside during the school day.  This bill will allow all students in school to be protected from burns and students with disabilities to receive assistance to apply sunscreen for protection.

HB 251/SB 402Education - Family Life and Human Sexuality Curriculum - Boundaries and Consent 

Requiring a county board of education to provide age-appropriate instruction on the meaning of "consent," which is defined as the unambiguous and voluntary agreement between all participants in each physical act within the course of interpersonal relationships, including respect for personal boundaries; and requiring a county board to provide age-appropriate instruction on the meaning of "consent" as part of the Family Life and Human Sexuality curriculum beginning in the 2018-1019 school year.

Status: HB 251 passed in House (117-17), First Reading in EHEA in Senate; SB 402 passed in Senate (45-0), Hearing Scheduled 3/22 in W&M in House

Position:  The Arc Maryland supports this bill and submitted written testimony.  We support  a proactive approach to minimizing sexual assaults by teaching students about the meaning of consent.  We support developing awareness of personal interactions, especially when it comes to consent in human sexuality and boundaries. 

HB 1816 : Safe Schools Act of 2018

Requiring each county board of education to employ a designated security administrator; requiring each county board to prepare a school emergency plan for all public schools in the county; requiring each county board to perform a safety assessment of each public school in the county each year; requiring each county board to establish a school threat assessment team; establishing the Safe Schools Fund to provide grants to county boards for the implementation of approved school emergency plans.

Status: Hearing 3/22 at 1 pm in W&M

Position: The Arc Maryland will submit a letter of information.  Our goal is to ensure that the needs of students with disabilities in public schools are fully considered in all emergency planning efforts and that we have a voice to collaborate with the MD Safe Schools Center to that end. It is imperative that students with disabilities, and others who need assistance during evacuations and drills, have the support they need to ensure their safety in schools.

SB 550 ( HB 782) Maryland Achieving a Better Life Experience (ABLE) Program - Modifications

Description: Providing that certain money in the Maryland Prepaid College Trust may not be considered money of or be commingled with the Maryland Broker-Dealer College Investment Plan or the Maryland ABLE program; requiring the Board to allow the transfer of funds from certain trusts and plans to any qualified ABLE program; altering the limit on money and assets that a certain account holder can contribute to an ABLE account during a certain period of time.

Modifications:  [providing that certain money in the Maryland Prepaid College Trust may not be considered money of or be commingled with the Maryland Broker-Dealer College Investment Plan or the Maryland ABLE Program; altering the title of a certain savings plan under the authority of the Maryland 529 Board; requiring the Board to allow the transfer of funds from certain trusts and plans to a certain program; altering the limit on money and assets that a certain account holder can contribute to an ABLE account during a certain period of time; altering the circumstances under which the Board shall issue a refund to an ABLE account contributor;
 
Status:  Passed Third Reader on the Senate Floor on 3/8.  Hearing in the House, HGO Room 240, 1 p.m. on 3/21/18
 
Position:  Monitor.  Proposed amendments to the original bill to not seem to substantially alter the intent of eliminating the Medicaid "clawback" provision of current law.

SB 1185, Maryland Medical Assistance Program - Waiver for Children With Autism Spectrum Disorder - Waiting List

Description: Requiring the Maryland Department of Health and the State Department of Education jointly to develop a process to review each year the waiting list for children to receive services through the Home- and Community-Based Services Waiver for Children with Autism Spectrum Disorder; requiring the review process to include a requirement that an individual be a resident of the State to be added to or remain on the waiting list.

Status:  Hearing Senate Finance (FIN) Room 3 East at 1 p.m. on 3/21/18

Position:  The Arc and DD Council submitted amendment language which we understand is going to be included in the proposed legislation.  The amended bill text is not yet available, therefore The Arc may attend the hearing to provide testimony on the needed amendments and rationale for modifications to the bill.   
   

 

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 Activity
 
ADA Education and Reform Act of 2017 is introduced in the Senate: 
We must remain vigilant to protect the ADA

H.R. 620, which passed in the House on February 15, 2018, contains the following changes to the ADA:

(Sec. 2) This bill requires the Disability Rights Section of the Department of Justice to develop a program to educate state and local governments and property owners on strategies for promoting access to public accommodations for persons with a disability. The program may include training for professionals to provide a guidance of remediation for potential violations of the Americans with Disabilities Act of 1990.

(Sec. 3) The bill prohibits civil actions based on the failure to remove an architectural barrier to access into an existing public accommodation unless: (1) the aggrieved person has provided to the owners or operators a written notice specific enough to identify the barrier, and (2) the owners or operators fail to provide the person with a written description outlining improvements that will be made to improve the barrier or they fail to remove the barrier or make substantial progress after providing such a description. The aggrieved person's notice must specify the circumstances under which public accommodation access was denied. 

(Sec. 5) The Judicial Conference of the United States must develop a model program to promote alternative dispute resolution mechanisms to resolve such claims. The model program should include an expedited method for determining relevant facts related to such barriers and steps to resolve accessibility issues before litigation.
(source:  congress.gov)

The "reform proposal" was received in the Senate on February 26, 2018.  No other action has been taken as of today, but we must remain vigilant.   The proposed reformation would gut the protections of the ADA, altering the ADA in a "pro-business" direction.  Even though businesses have had close to 30 years to comply with the ADA, the legislation puts the burden of enforcement on the person with disabilities.  It requires additional notices and processes (time) for businesses to come into compliance if determined to be out of compliance.
 
Check out the article from Senator Tammy Duckworth on the matter here:


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
hearings
March 20th
  • House: Health and Government Operations (HGO) - House Office Building in Room 240 at 1 pm
    • SB 704, Maryland Medical Assistance Program - Telemedicine - Assertive Community Treatment and Mobile Treatment Services
    • Description: Requiring the Maryland Department of Health, under certain circumstances, to include psychiatrists who are providing Assertive Community Treatment or mobile treatment services to certain Maryland Medical Assistance Program recipients in the types of providers eligible to receive reimbursement for health care services that are delivered through telemedicine and provided to Program recipients.
  • House: Health and Government Operations (HGO) - House Office Building in Room 240 at 1 pm
    • HB 1696, Task Force to Study Access to Home Health Care for Children and Adults with Medical Disabilities
    • Description: Establishing the Task Force to Study Access to Home Health Care for Children and Adults with Medical Disabilities; providing for the composition, chair, and staffing of the Task Force; requiring the Task Force to study and make recommendations for improving access to home health care in all areas of the State, including a recommendation on reimbursement rates; requiring the Task Force to report to certain committees of the General Assembly by November 30, 2018; providing for the termination of the Act.
March 21st
  • House: Health and Government Operations (HGO) - House Office Building in Room 240 at 1 pm
    • SB 550, Maryland Achieving a Better Life Experience (ABLE) Program - Death of a Designated Beneficiary
    • Description: Providing that certain money in the Maryland Prepaid College Trust may not be considered money of or be commingled with the Maryland Broker-Dealer College Investment Plan or the Maryland ABLE program; requiring the Board to allow the transfer of funds from certain trusts and plans to any qualified ABLE program; altering the limit on money and assets that a certain account holder can contribute to an ABLE account during a certain period of time.
  • Senate: Finance (FIN) - Miller Senate Building in Room 3 East at 1 pm
    • SB 1185, Maryland Medical Assistance Program - Waiver for Children With Autism Spectrum Disorder - Waiting List
    • Description: Requiring the Maryland Department of Health and the State Department of Education jointly to develop a process to review each year the waiting list for children to receive services through the Home- and Community-Based Services Waiver for Children with Autism Spectrum Disorder; requiring the review process to include a requirement that an individual be a resident of the State to be added to or remain on the waiting list.
  • Senate: Education, Health, and Environmental Affairs (EHEA) - Miller Senate Building in Room 2 West at 1 pm
    • HB 568, Education - Student Data Governance
    • Description: Requiring the State Department of Education, in consultation with the Department of Information Technology and county boards of education, to develop and update certain best practices for certain county boards on data governance policies and procedures and for certain professional development; requiring the State Department of Education to develop certain strategies to coordinate and assist certain data governance staff to implement certain practices; defining certain terms.
  • Senate: Finance (FIN) - Miller Senate Building in Room 3 East at 1 pm
    • SB 1071, Task Force to Study Access to Home Health Care for Children and Adults with Medical Disabilities
    • Description: Establishing the Task Force to Study Access to Home Health Care for Children and Adults with Medical Disabilities; providing for the composition, chair, and staffing of the Task Force; requiring the Task Force to study and make recommendations for improving access to home health care in all areas of the State, including a recommendation on reimbursement rates; requiring the Task Force to report to certain committees of the General Assembly by November 30, 2018; providing for the termination of the Act.
March 22nd
  • House: Ways & Means (W&M) - House Office Building in Room 130 at 1 pm
    • HB 1816, Safe Schools Act of 2018
    • Description: Requiring each county board of education to employ a designated security administrator; requiring each county board to prepare a school emergency plan for all public schools in the county; requiring each county board to perform a safety assessment of each public school in the county each year; requiring each county board to establish a school threat assessment team; establishing the Safe Schools Fund to provide grants to county boards for the implementation of approved school emergency plans.
  • House: Ways & Means (W&M) - House Office Building in Room 130 at 1 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," which is defined as the unambiguous and voluntary agreement between all participants in each physical act within the course of interpersonal relationships, including respect for personal boundaries; and requiring a county board to provide age-appropriate instruction on the meaning of "consent" as part of the Family Life and Human Sexuality curriculum beginning in the 2018-1019 school year.
  • House: Ways & Means (W&M) - House Office Building in Room 130 at 1 pm
    • SB 217, Public Schools - Student Sunscreen Use - Policy
    • Description: Requiring 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; and requiring each county board to encourage public schools to educate students about sunscreen, sun safety, and the policy established under the Act.
  • House: Environment & Transportation (E&T) - House Office Building in Room 250 at 1 pm
    • SB 39, Motor Vehicle Administration - Disability Parking Placards
    • Description: Establishing that a disability parking placard issued by the Motor Vehicle Administration to a permanently disabled individual is valid until the death of the placard holder; establishing certain procedures the Administration must follow on the death of a permanently disabled individual who holds a placard; and authorizing the Administration to issue temporary disability parking placards to certain nonresidents of the State under certain circumstances.
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