The Arc Maryland's Weekly Legislative Update

Week of Session: March 12 to March 18, 2023

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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LAST WEEK'S RECAP

Please see below for Date Correction on Effective Date of DDA Rate Increase


Last Wednesday, March 8th, the House Health and Government Operations (HGO) Committee held a hearing on HB1176. Beth Benevides (Parent and Assoc. Director for Autism Programs at the Hussman Foundation), Rachel London (Maryland DD Council), and Ande Kolp (The Arc Maryland) testified as part of Sponsor Chair Atterbeary's panel to discuss the merits of the bill and what it does. This bill will create a 911 Public Safety Voluntary Registry, designed to allow people to provide their county 911 centers with information that they want first responders to know when they get a call about a person. The bill will be discussed in the HGO's Government Operations and Health Facilities Subcommittee this afternoon with proposed amendments offered by disability advocates.


Also, last week, the House Health and Social Services Subcommittee and the full Appropriations Committee reviewed and took a vote on the DDA budget for FY24. The committee voted to remove a certain percentage of the Fair Wage Act (FWA) funding from the DDA appropriation to match the timing of when they believe the FWA effective date will be. We have been assured that the 4% increase in DDA rates is effective July 1, 2023, and the 8% increase that would be needed to keep pace with the escalated minimum wage is in the revised budget report the committee approved. This rate increase would be as of January 1, 2024, the same effective date of the FWA. The budget bill now heads to the floor for review and vote. The Senate Budget and Taxation Committee has not yet made decisions about the DDA budget.


Late on Friday, the Senate Finance Committee made decisions on SB0555: The Fair Wage Act of 2023, amending it to remove CPI indexing (the provision that would automatically increase minimum wage each year by the CPI or 5%), and moving the effective date to January 1, 2024. The bill now goes to the Budget and Taxation Committee and over to the House Chamber.


Also on Friday, HB0546: Education - Service Year Option Program - Establishment (Serving Every Region Through Vocational Exploration Act of 2023) came out of House Appropriations Committee with amendments, including the amendment to add students graduating with Certificates of Completion, on the recommendation of the Maryland Developmental Disabilities Coalition. Both bills head to the floor now for review and a vote.

Download the House Health and Social Services Subcommittee Budget Report
TOP BILLS OF THE WEEK

SB0926 - County Boards of Education - Due Process Proceedings for Children With Disabilities - Burden of Proof

Link to Bill Text: SB0926


Position: Support


Current Status: In Senate EEE hearing 3/15 at 1 PM


This legislation would shift the burden of proof, in special education due process hearings, from parents to the schools. We need your advocacy to make this happen!


When an issue arises, and a parent or guardian believes their child is being denied a free and appropriate education (FAPE), they may have exhausted options for resolving their disputes or waived those options to proceed to a due process hearing to try to resolve the matter. In due process hearings, the burden is on the party bringing the complaint (typically the parents/family) to prove, through a “preponderance of evidence” their child is not receiving FAPE from the school. In these due process hearings, schools in Maryland have significant resources at their hands that parents have limited access to, and yet, parents bear the burden of proof.


The scales of fairness and equity are out of balance. We want to change that! Next Tuesday, we ask you to contact members of Maryland's Senate Education, Energy, and the Environment (EEE) Committee and urge them to pass SB0926 to shift the Burden of Proof to schools! Contact information for EEE Committee members is available on our website here.

More Info on Burden of Proof and Who to Contact on Tuesday

On Wednesday the 15th, join us in Annapolis for the hearing of SB0926. The hearing will be in the Senate EEE committee at 1 PM! The hearing location is 2 West Miller Senate Office Building (second floor), located at 11 Bladen St, Annapolis, MD 21401.


We will meet in the foyer directly outside of the hearing room at 12:30 PM, where we will have stickers and signs for you! We ask that you wear red with us! Please note that signs may not be waved or distracting, but may be held on your lap quietly in the room and for pictures outside of the room.

SB0811 - School Discipline - Behavioral Health and Safety - Data Collection and School Resource Officers


Link to Bill Text: SB0811


Position: Support


Current Status: In Senate EEE hearing 3/14 at 1 PM


This is a bill from a previous session that did not make it through the legislative process in time. This important bill would require a different way for MSDE to report on discipline-related data in an electronic spreadsheet format for the Department's website, make the data available to the public, and report certain discipline-related information each year. It will strengthen efforts to promote data transparency and accessibility in the State and extend reporting requirements to include alternative schools, alternative programs, and public separate-day schools. The bill also prioritizes the reporting of disproportionality in discipline.


Currently, data on school discipline is very hard to find in Maryland. The web-based "Maryland Report Card", includes a link to a spreadsheet with school-level data reported as frequencies and the percentage of total for various subgroups, but does not report on

disproportionalities. For example, a district may suspend 10 students with disabilities over the course of the year. That may not seem like a lot, but if the enrollment of students with disabilities is just 50 students, that means that 20% of all students with disabilities were suspended.


Although MSDE currently collects and disseminates school discipline data, this bill will strengthen reporting practices, help to identify gaps and abuses, and provide a better method of identify high suspending schools.

SB0625 - Maryland Medical Assistance Program and Maryland Children's Health Program - Continuous Eligibility


Link to Bill Text: SB0625


Position: Support


Current Status: In Senate FIN hearing 3/14 at 1 PM


This bill would require the Maryland Department of Health, subject to certain conditions, to adopt 12-month continuous eligibility for children under the Maryland Medical Assistance Program and Maryland Children's Health Program. It would also require the Department, subject to certain conditions, to adopt 24-month continuous eligibility for both adults and children under the Maryland Medical Assistance Program and Maryland Children's Health Program under certain circumstances.

HB1237 - Special Education - Judicial Actions - Attorney's Fees and Related Costs


Link to Bill Text: HB1237


Position: Support


Current Status: In House W&M hearing 3/14 at 1 PM


This bill would authorize a court to award reasonable attorney's fees and related costs to the parent of a child with a disability who is the prevailing party in a certain special education proceeding. It prohibits a court from awarding attorney's fees and related costs to certain parents in a certain proceeding under certain circumstances. Lastly, the bill authorizes an award of attorney's fees and related costs to a parent of a child with a disability who is a prevailing party under certain circumstances. The Arc Maryland submitted testimony in support of this bill that you can check out below.

Read The Arc Maryland's Testimony

TOP HEARINGS COMING UP NEXT WEEK

HB0185 - Nonpublic Schools and Child Care Providers - Corporal Punishment - Prohibition


Link to Bill Text: HB0185


Position: Support with EAC testimony


Current Status: In Senate EEE hearing 3/22 at 1 PM; Passed in House (132-5)


This bill would prohibit the State Board of Education from issuing a certificate of approval to non-public schools that do not have a policy prohibiting the administration of corporal punishment. It would require regulations adopted by the State Board for the registration of family child care homes and large family child care homes and the licensing and operation of child care centers to prohibit corporal punishment. It would also require the State Board to identify certain methods in a certain overall plan.

UPCOMING EVENTS

World Down Syndrome Day - March 21st


The Maryland Senate, House of Delegates, and the Governor’s Office will honor persons with Down syndrome and their families with declarations recognizing March 21st as World Down Syndrome Day in Maryland! Join in on the celebration by rocking colorful and mismatched socks on the 21st, a World Down Syndrome Day tradition!

Save the Date: The Arc Maryland Statewide Convention and Awards Banquet - May 23rd


Mark your calendars for May 23rd! Our Convention & Awards Banquet is back once again at Turf Valley Resort in Howard County! This is your opportunity to showcase your business, organization, or product for an anticipated 300 self-advocate, family member, professional, legislative leader, and partner affiliate attendees! Registration will open soon, but in the meantime, check out our awards nominations, presenter, exhibitor, and sponsorship opportunities below.

Submit Awards Nominations
Submit A Presentation Proposal
Check Out Sponsor, Exhibitor, and Advertiser Opportunities
HEARING SCHEDULE

Tuesday, March 14th at 1:00 PM in House HGO

  • HB1155 - Workgroup on Establishing a Youth Codesigned Integrated Behavioral Health Model
  • HB1157 - Maryland Medical Assistance Program – Employed Persons with Disabilities Program – Eligibility

Tuesday, March 14th at 1:00 PM in House W&M

  • HB1234 - Workgroup to Study the Wages of Education Support Professionals
  • HB1237 - Special Education - Judicial Actions - Attorney's Fees and Related Costs

Tuesday, March 14th at 1:00 PM in Senate EEE

  • SB0567 - Elections - In-Person Voting - Proof of Identity
  • SB0750 - Election Law - Voting - Proof of Identity

Tuesday, March 14th at 1:00 PM in Senate FIN

  • SB0572 - Maryland Medical Assistance Program - Employed Individuals With Disabilities
  • SB0625 - Maryland Medical Assistance Program and Maryland Children's Health Program - Continuous Eligibility

Wednesday, March 15th at 1:00 PM in Senate B&T

  • SB0934 - State Department of Education - Division of Rehabilitation Services - Funding and Staffing
  • SB0959 - Higher Education - Maryland 529 Program - Reform

Wednesday, March 15th at 1:00 PM in Senate EEE

  • SB0878 - Voting Rights Act of 2023 - Counties and Municipalities
  • SB0926 - County Boards of Education - Due Process Proceedings for Children With Disabilities - Burden of Proof

Wednesday, March 15th at 1:00 PM in Senate FIN

  • SB0805 - Maryland Medical Assistance Program and Health Insurance – Required Coverage for Biomarker Testing

Friday, March 17th at 1:00 PM in House HGO

  • HB1146 - Maryland Medical Assistance Program - Adult and Pediatric Dental Services - Review of Reimbursement Rates

Wednesday, March 22nd at 1:00 PM in House W&M

  • SB0121 - More Opportunities for Career–Focused Students Act of 2023

Wednesday, March 22nd at 1:00 PM in Senate EEE

  • HB0185 - Nonpublic Schools and Child Care Providers - Corporal Punishment - Prohibition
Please Note: 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
EEE - Education,Energy, and the Environment
EXN - Executive Nominations
FIN - Finance
JPR - Judicial Proceedings
SRU - Rules
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