DISCUSSION/ACTION 5.4 MONTGOMERY COUNTY BOARD OF EDUCATION Rockville, Maryland February 27, 2012 MEMORANDUM To: Members of the Board of Education From: Laura Steinberg, Staff Assistant, Legislative and Inter-Governmental Relations Subject: Recommended Positions on Education Legislation This memorandum is to provide you with information regarding proposed legislation that could impact Montgomery County Public Schools (MCPS). Each bill has been analyzed to determine any impact on MCPS, as well as whether or not it is consistent with the legislative platform that was adopted by the Board on November 8, 2011. Attachment A provides recommended positions on bills that are not covered by the platform. Attachment B provides, for your information, a summary of bills that are consistent with the Board’s platform and for which no action is needed. The bills before you today are listed below, including the web site where you can find the full text of each bill. To access the text online, right click each hyperlink. Additionally, I have provided you with excerpts from the most recent GreenStreet Legislative Update from the Maryland Association of Boards of Education (Attachment C), which provides a comprehensive list of bills being monitored. Bills with Recommended Positions (Attachment A) Home Instruction HB1049 Elementary and Secondary Education - County-Supervised Home Instruction - High School Diploma http://mlis.state.md.us/2012rs/bills/hb/hb1049f.pdf HB0980 County Boards of Education - Children in Home Instruction Programs http://mlis.state.md.us/2012rs/bills/hb/hb0980f.pdf Human Resources HB1210/SB0876 Public School Teachers and Administrators - Appeals and Layoffs - Rights and Limitations http://mlis.state.md.us/2012rs/bills/hb/hb1210f.pdf http://mlis.state.md.us/2012rs/bills/sb/sb0876f.pdf Members of the Board of Education 2 February 27, 2012 Other SB0948/HB1177 Ethics - Financial Disclosure by Local Elected Officials and County Boards of Education http://mlis.state.md.us/2012rs/bills/sb/sb0948f.pdf http://mlis.state.md.us/2012rs/bills/hb/hb1177f.pdf SB0878 Education - Preschool for All - Establishment and Funding http://mlis.state.md.us/2012rs/bills/sb/sb0878f.pdf Procurement SB0708/HB1019 County Boards of Education - Green Product Cleaning Supplies - Written Policies http://mlis.state.md.us/2012rs/bills/sb/sb0708f.pdf http://mlis.state.md.us/2012rs/bills/hb/hb1019f.pdf Reporting HB0724 State Department of Education - School Guidance Counselors - Reporting http://mlis.state.md.us/2012rs/bills/hb/hb0724f.pdf SB0621/HB497 Public Schools - Epinephrine Availability and Use - Policy Requirements http://mlis.state.md.us/2012rs/bills/sb/sb0621f.pdf http://mlis.state.md.us/2012rs/bills/hb/hb0497f.pdf Students HB0542 Public Schools - Student Attendance - Preventing Chronic Absenteeism http://mlis.state.md.us/2012rs/bills/hb/hb0542f.pdf Students-Enrollment HB0831 Education - Public Schools - Parent Trigger http://mlis.state.md.us/2012rs/bills/hb/hb0831f.pdf SB0605/HB0757 Education - Children in State-Supervised Care - Geographical Attendance Area http://mlis.state.md.us/2012rs/bills/sb/sb0605f.pdf http://mlis.state.md.us/2012rs/bills/hb/hb0757f.pdf Transportation SB0478 Education - School Buses - Fire Safety Standards for Engine Components http://mlis.state.md.us/2012rs/bills/sb/sb0478f.pdf Members of the Board of Education 3 February 27, 2012 Bills Consistent with Platform (Attachment B) Curriculum SB0863/HB1110 Public Schools - Dating Violence - Kristen Marie Mitchell Law http://mlis.state.md.us/2012rs/bills/sb/sb0863f.pdf http://mlis.state.md.us/2012rs/bills/hb/hb1110f.pdf HB0680 Education - Development of Guidelines to Incorporate Sustainable Agricultural Education http://mlis.state.md.us/2012rs/bills/hb/hb0680f.pdf HB1252 Education - Dyslexia Testing and Services for Dyslexic Students - Pilot Program http://mlis.state.md.us/2012rs/bills/hb/hb1252f.pdf I will continue to monitor proposed legislation and bring you recommended positions on those additional bills that will impact the Montgomery County Public Schools. LS:kmy Attachments Recommended Positions on Proposed Legislation Attachment A Home Instruction HB1049 Sponsor Elementary and Secondary Education - County-Supervised Home Instruction - High School Diploma Delegate Alston Synopsis FOR the purpose of authorizing a certain individual who received home instruction under the supervision of a county board of education to apply to a certain county board to obtain a high school diploma under certain circumstances; requiring a certain county board to award a high school diploma to certain individuals; requiring a certain county board to adopt certain rules and regulations; and generally relating to obtaining a high school diploma for the completion of county–supervised home instruction for elementary and secondary education. Analysis This legislation allows a student whose home school program is under the supervision of the local school system to apply for a high school diploma. Currently, supervision is solely to determine compliance with the COMAR and parents/guardians are considered compliant if the provided portfolio demonstrates regular and thorough instruction in English/Language Arts, mathematics, science, social studies, art, music, health, and physical education at least equivalent to what a student of the same age would be receive in public school. Specific courses of study or curriculum are not required. Recommendation: Oppose HB0980 Sponsor County Boards of Education - Children in Home Instruction Programs Delegate Alston Synopsis FOR the purpose of altering the definition of “full–time equivalent enrollment” to include certain children participating in a home instruction program; requiring a county board of education to count certain children participating in a certain home instruction program in the county’s full–time equivalent enrollment if the parent or guardian of the child agrees to require the child to participate in a certain testing program; requiring a county board to remit a certain amount of money to the parent or guardian of a child receiving home instruction under certain circumstances; requiring a certain parent or guardian to use certain money to purchase educational materials for a certain purpose; and generally relating to counting children in home instruction programs in full–time equivalent enrollment counts. Analysis Currently home school students, for whom no state aid is provided, are registered with and monitored by their local school system. While home schooled students are entitled, not required, to participate in standardized testing, local school systems are not required to provide home schooled parents with instructional materials or funding for instructional materials for their home schooling program. This bill would allow state aid reimbursement if parents agreed to have their children participate in standardized testing. School systems would be required to provide those parents between 10% and 25% of the state aid to purchase educational materials. This bill is a variation on the theme of providing public education funds without the requisite accountability requirements and is operationally unrealistic. Recommendation: Oppose Recommended Positions on Proposed Legislation Attachment A Human Resources HB1210 SB0876 Sponsor Sponsor Public School Teachers and Administrators - Appeals and Layoffs - Rights and Limitations Delegates Rosenberg and Hucker Senator Ferguson Synopsis FOR the purpose of limiting the review by the State Board of Education of the decision of a county board to suspend or dismiss certain public school teachers and administrators to a review on the record; requiring public school employers to negotiate teacher layoff policies as part of collective bargaining; requiring the use of performance evaluations in policies relating to layoffs of public school teachers; providing for the effective date of certain provisions of this Act; providing for the termination of certain provisions of this Act; and generally relating to the rights and limitations of rights of certain public school teachers and administrators regarding appeals and layoffs. Analysis This bill wraps two disparate topics into one bill: the first topic seeks a procedural fix to an issue in the appeal of a teacher termination; the second, a substantive change in collective bargaining obligations. The first change clarifies that the review by the State Board of a termination or suspension decision shall be a review of the record and not a de novo hearing. The second change requires districts to negotiate teacher layoff policies if requested and, if negotiated requires performance evaluations to account for no less than 51 percent of the formula used to make layoff decisions. Our current Montgomery County Education Association contract provides for equal consideration of length of service and job performance. The Teacher Professional Growth System is designed to remove Unsatisfactory/Below Standard teachers from the system. Teachers who are not in the Peer Assistance and Review program are considered as performing at a satisfactory level. Further, our evaluation process only rates teachers as either Satisfactory or Unsatisfactory. Recommendation: Oppose Other SB0948 HB1177 Sponsors Sponsors Ethics - Financial Disclosure by Local Elected Officials and County Boards of Education Senators Raskin, Ferguson, Getty, McFadden, Ramirez, Robey, and Simonaire Delegates Haddaway-Riccio, Barkley, Eckardt, Holmes, and Lafferty Synopsis FOR the purpose of authorizing a county, municipal corporation, or school board to limit in a certain manner the required disclosure of interests in certain business entities by local elected officials, members of school boards, and candidates for election or appointment to those offices; and generally relating to financial disclosure requirements for counties, municipal corporations, and school boards under the Maryland Public Ethics Law. Analysis This bill refines the financial disclosure requirements of local elected officials, including board of education members. With regard to members of a board of education, it specifically limits that which must be disclosed to any interest in an entity (i.e. corporation, partnership, company, etc.) that does business with the board of education. Recommendation: Support Recommended Positions on Proposed Legislation Attachment A Other SB0878 Sponsor Education - Preschool for All - Establishment and Funding Senator Ferguson Synopsis FOR the purpose of establishing certain funding for prekindergarten students by altering a certain definition to include prekindergarten students in the number of students enrolled; altering a certain funding calculation to phase in a reduction of certain funding; altering a certain definition to make certain children eligible for prekindergarten; requiring certain prekindergarten programs to be established by a certain school year; authorizing county boards to use qualified vendors to provide prekindergarten programs; requiring the State Department of Education to establish provider rates for qualified vendors; requiring the Department to provide a certain list to each local school system; requiring the Department to evaluate qualified vendors using certain criteria at least every years; authorizing the Department to evaluate qualified vendors more frequently and to revoke certification under certain circumstances; requiring the Department to adopt certain regulations; requiring the Department to develop a certain media campaign; authorizing the Department to adopt regulations; naming the Preschool for All program; requiring each prekindergarten program under the jurisdiction of a county board to be open during a certain number of hours over a certain number of months for certain students; authorizing certain funds to be used to provide funding for universal prekindergarten; defining certain terms; authorizing the State to allow certain licensees to offer certain table games; requiring the Comptroller to make certain distributions from certain proceeds; prohibiting certain licensees from being charged a certain fee; authorizing the State Lottery Commission to make certain determinations; making this Act subject to a certain contingency; authorizing certain funds to be used to provide funding for certain purposes; establishing a certain funding calculation for a certain year; providing for the application of this Act; submitting this Act to a referendum of the qualified voters of the State; and generally relating to education funding and access for prekindergarten. Analysis This bill requires local school boards to offer prekindergarten services to all students, including full-day services for Free and Reduced-price Meals System (FARMS)-eligible students and half-day services for all others. The school board may use private vendors to supply the services. The requirement takes effect in Fiscal Year (FY) 2016. It provides for prekindergarten students to be counted for state Foundation and Compensatory aid. MCPS has supported the expansion of prekindergarten services provided that the state identifies a reliable funding source. Local and state officials have been working with interested organizations to develop a viable model and implementation plan for universal prekindergarten. This legislation short-circuits the planning process. Despite the additional state aid, the requirement would impose a heavy additional cost on school districts at a time when severe reductions have been made at all levels and employees have not received compensation increases. It would create a significant space shortage and increase the number of students in relocatable classrooms. Recommendation: Oppose Recommended Positions on Proposed Legislation Attachment A Procurement SB0708 HB1019 Sponsor Sponsors County Boards of Education - Green Product Cleaning Supplies - Written Policies Senator Montgomery Delegates Murphy, Barve, Branch, Carr, Frick, Gilchrist, Howard, Hubbard, Ivey, Kipke, Luedtke, Rosenberg, Ross, Stukes, Summers, and Walker Synopsis FOR the purpose of requiring a county board of education to adopt certain written policies relating to the procurement of green product cleaning supplies subject to certain exceptions; requiring certain county boards to provide certain notice to the State Department of Education under certain circumstances; and generally relating to the establishment of written policies relating to the procurement of green product cleaning supplies by county boards of education. Analysis Currently, requirements for procurement of green cleaning products are included in the Division of School Plant Operations (DSPO) Green Cleaning Plan. The bill is sufficiently flexible to allow for exceptions to purchasing green cleaning products. In such cases, the bill requires that annual notification be made to the State if we are not compliant. Recommendation: Support Reporting HB0724 Sponsor State Department of Education - School Guidance Counselors - Reporting Delegates Kaiser, Carr, Frick, Luedtke, B. Robinson, Stocksdale, Stukes, Summers, Washington, and Zucker Synopsis Requiring local school systems to report information on the duties and activities of school guidance counselors that are designed to promote college readiness of students in grades 6 through 12 to the State Department of Education on or before December 31, 2012; requiring the State Department of Education to report specified information to the General Assembly on or before December 31, 2013; and terminating the Act at the end of June 30, 2014. Analysis Montgomery County Public Schools (MCPS) is committed to ensuring high quality school counseling programs that are comprehensive, developmentally appropriate, foster academic achievement and personal growth, and are provided to all MCPS students in an equitable manner. These programs fully implement the concept of the Seven Keys to College Readiness, a pathway for students to follow that will increase their chances of being ready for and successful in college. A very broad range of daily counselor activities promote college readiness, but are not necessarily a part of a distinct college readiness program. At all school levels, school counselors collaborate with parents, students, staff, and community members to remove barriers to learning and provide opportunities and supports to empower students to embrace their full potential and achieve their academic and personal aspirations. This bill would place an unnecessary paperwork and administrative burden on school systems and lacks clarity about the definition of a college readiness program. College readiness preparation is not limited to a single program. Recommendation: Oppose Recommended Positions on Proposed Legislation Attachment A Reporting SB0621 HB497 Sponsor Sponsors Public Schools - Epinephrine Availability and Use - Policy Requirements Senators Shank, Jennings, Simonaire, and Young Delegates Myers, Afzali, Glass, McComas, Norman, Parrott, Serafini, and Smigiel Synopsis FOR the purpose of requiring each county board of education to establish a policy to authorize certain school personnel to administer auto–injectable epinephrine under certain circumstances; requiring a certain policy to include certain information; providing that a certain policy may authorize a school nurse to obtain and store at a public school auto–injectable epinephrine for certain purposes; requiring certain public schools to submit a certain report to the State Department of Education; requiring the Department to develop and disseminate a certain standard form; defining certain terms; and generally relating to an epinephrine availability and use policy in public schools. Analysis MCPS) Regulation JPD-RB: Emergency Care for Students Subject to Known Anaphylactic Reaction, already establishes procedures to provide emergency medical care to any student who is known to be severely allergic to specific allergens resulting in an anaphylactic reaction. The reporting requirment to MSDE is unnecessary. Recommendation: Support with amendment Recommended Positions on Proposed Legislation Attachment A Students HB0542 Sponsor Public Schools - Student Attendance - Preventing Chronic Absenteeism Delegates Gutierrez, Barkley, Bobo, Carr, Carter, Cullison, Feldman, Frick, Frush, Guzzone, Haynes, Holmes, Howard, Hucker, Ivey, A. Kelly, Kramer, Lee, Luedtke, A. Miller, Mitchell, Nathan-Pulliam, Niemann, Pena-Melnyk, Proctor, Reznik, B. Robinson, S. Robinson, Sophocleus, Stukes, V. Turner, Waldstreicher, and Zucker Synopsis FOR the purpose of requiring certain schools to maintain a record of the daily 3 attendance of certain students using a certain identifier, calculate and maintain a certain record of certain student attendance information, and submit a certain report to the county board of education that includes certain student attendance information at certain times each year; requiring each county board of education to calculate and maintain a certain record of certain attendance information; requiring each county board to report certain information to the State Board of Education at least a certain number of times each year; requiring each county board to develop and implement a certain attendance incentive action plan that includes certain information; defining certain terms; and generally relating to tracking and reporting student attendance in public schools. Analysis This bill would require attendance rate be reported to boards of education on a quarterly basis. Additionally, it requires each LEA develop a plan to encourage regular attendance and implement chronic absenteeism prevention strategies, early intervention strategies, positive attendance campaigns, parental outreach, and student attendance incentives. Currently, MSDE is responsible for calculating attendance rates, and does so on an annual basis. Local school systems are not equipped to calculate attendance rates. Moreover, actual reports of attendance are significantly more helpful to schools than reports of rates of attendance. In fact, principals receive, for all students, monthly reports of daily attendance and use the information as warranted. Individual student attendance issues are brought to school problem-solving teams for intervention. Specifically, students who have been absent 10 or more days, lawfully or unlawfully, may be referred to staff or outside agencies for intensive interventions designed to increase regular attendance. Pupil PersonnelWorders work with students/families referred to them for attendance/truancy issues. This bill contemplates schoolwide programs related to attendance. The attendance rate in MCPS is extremely high, and focusing efforts on those who need assitance, rather than schoolwide, is a more effective and efficient use of limited resources. Recommendation: Support with amendment Recommended Positions on Proposed Legislation Attachment A Students-Enrollment HB0831 Sponsor Education - Public Schools - Parent Trigger Delegates Bates, Glass, Hough, Kipke, McDonough, Schuh, Smigiel, Stocksdale, and Szeliga Synopsis FOR the purpose of authorizing certain parents and legal guardians of students attending public schools that are subject to corrective action and are not making adequate yearly progress to petition county boards of education to implement certain interventions; requiring county boards to notify the State Superintendent of Schools and the State Board of Education on receipt of certain petitions and of the final dispositions regarding the petitions; requiring county boards to make certain determinations in a certain manner within a certain time frame; requiring county boards to designate interventions other than the options requested by certain petitions under certain circumstances; requiring county boards to notify the State Superintendent and the State Board that certain interventions have substantial promise of enabling certain schools to make adequate yearly progress; requiring certain students to have the option of receiving a certain scholarship in a certain amount for a certain time period; requiring certain funds to be calculated in a certain manner; requiring certain counties to include certain students in their full–time equivalent enrollment; requiring the State Board to adopt certain regulations; prohibiting the expansion of certain regulatory authority regarding certain private schools; defining certain terms; and generally relating to authorizing parents of students attending public schools that are subject to corrective action to petition county boards of education for an intervention. Analysis This bill enables parents with students attending schools in corrective action and not making adequate yearly progress to petition their Board of Education (BOE) to implement one of three specific interventions, if over 50% of the parents or legal guardians of students attending a public school, or a combination of more that 50% of the parents or legal guardians of students attending the school and the elementary or middle schools that normally matriculate into the there is evidence of improving student achievement. Additionally, if a school was petitioned to be an “educational choice model,” the BOE would have to provide scholarships for students to attend any private or other public school outside of county schools. Currently, the State Board of Education requires schools in the corrective action stage of improvement to identify one or two No Child Left Behind Act of 2001 (NCLB) corrective action reforms and supporting action steps. These reforms are identified with the assistance of the individual school leadership team, including parents, and the central office staff. Reform actions are based on a thorough root cause analysis supported by system data, teacher perceptions, and student and parent voices. Parents are engaged in the intervention model for the school through the school improvement teams and are an essential party in creating the school improvement plans. This bill does not clarify what will happen to a school that has implemented the parent-petitioned choices, nor does it speak to how long a student would receive scholarship money to attend another school, once their home school is out of corrective action Recommendation: Oppose Recommended Positions on Proposed Legislation Attachment A Students-Enrollment SB0605 Education - Children in State-Supervised Care - Geographical Attendance Area HB757 Sponsor Senator Kelley Sponsors Delegates Luedtke and Wilson Synopsis FOR the purpose of authorizing a child to remain in a school in a certain geographical attendance area regardless of whether the child resides within the area under certain circumstances; requiring that certain determinations regarding the best interests be made; requiring a county superintendent to allow a child to remain at a school the child attended prior to the child’s removal from the child’s home; requiring the Secretary of Human Resources to adopt certain regulations establishing certain factors relating to the best interests; prohibiting requiring a person enrolling a child in the school to produce certain documentation; requiring a certain child placement agency that has been unable to produce certain records to assist a certain school in obtaining the records under certain circumstances; requiring a certain child to remain enrolled in a certain school during a period of time when records are obtained; defining a certain term; and generally relating to authorizing a child in State–supervised care to remain in a school regardless of whether the child resides in the geographical area of the school. Analysis This bill allows (with some exceptions) a child in State-supervised care to remain at the school the child has been attending, regardless of whether the child resides in the school’s geographic attendance area, if the local department of social services, the Department of Health and Mental Hygiene (DHMH), or the Department of Juvenile Services (DJS) determines that it is in the best interests of the child to continue at that school. It also allows for alignment with the educational stability provisions of the federal Fostering Connections to Success and Increasing Adoptions Act of 2008. Any tranportation cost that might be incurred would be the responsibilityof the local social services department Recommendation: No Position Transportation SB0478 Education - School Buses - Fire Safety Standards for Engine Components Sponsor Senator Ferguson Synopsis FOR the purpose of requiring a school bus engine compartment to be constructed with certain materials that enable it to meet certain flammability criteria; requiring a school bus engine compartment to achieve a certain classification under a certain safety standard relating to flammability; and generally relating to fire safety standards for engine components in school buses. Analysis This bill would require that the plastic components in a school bus engine mee the criteria for flammability listed in the most recent Underwriters Laboratories standard for flammability of plastic materials for parts in devices and appliances testing, This bill would effectively result in bus manufactures will not being able to produce buses for Maryland since the standard called for does not apply to plastic parts in engine compartments nor has it been approved by the National Highway and Transportation Safety Administration. Moreover, a survey of all 24 Maryland school system transportation directors list no injuries due to fire and only 49 fire/smoke incidents over a 15 year period. Recommendation: Oppose Attachment B Proposed Legislation Consistent with 2012 Adopted Legislative Platform Curriculum SB0863 Sponsor Public Schools - Dating Violence - Kristen Marie Mitchell Law Senators Manno, Colburn, and Montgomery HB1110 Sponsor Public Schools - Dating Violence - Kristen Marie Mitchell Law Delegates Kramer, Carter, Arora, Barkley, Carr, Cullison, DeBoy, Dumais, Frick, Frush, Howard, Hucker, Kaiser, A. Kelly, K. Kelly, W. Miller, Reznik, B. Robinson, Simmons, Sophocleus, Stein, Summers, and Valderrama Synopsis FOR the purpose of adding dating violence to provisions of law requiring the reporting of incidents of certain other conduct by a county board of education; altering the content of a certain form and report, policies, and educational programs to include incidents of dating violence; requiring the State Board of Education to develop, by a certain date, a certain model policy that includes a prohibition on dating violence; altering the date by which each county board is required to submit a certain policy to the State Superintendent of Schools; altering certain provisions of law granting certain immunity to certain school employees; altering certain provisions of law relating to the legal rights of certain victims; defining certain terms; and generally relating to dating violence in the public schools. Analysis This bill requires MSDE to develop and implement a program, beginning in Grade 6, to educate students about dating violence. The Comprehensive Health Education Curriculum Framework, aligned with the Maryland State Curriculum, and in a developmentally appropriate context, addresses sexual harassment as a form of violence and identifies skills to overcome or prevent harassment, as well as strategies for identifying trusted adults to notify if harassment occurs. The inclusion of a one-week awareness campaign would impact already limited instructional time. Additionally, the bill, though well intentioned, compromises local school board’s autonomy to determine appropriate programs and curriculum. Recommendation: Oppose HB0680 Sponsor Education - Development of Guidelines to Incorporate Sustainable Agricultural Education Delegates Rosenberg, Luedtke, and Washington Synopsis Requiring the State Board of Education and the University of Maryland Extension, after consultation with local boards of education, the Maryland Agricultural Education Foundation, and other organizations that promote education about sustainable agriculture, to jointly develop guidelines to incorporate education about sustainable agriculture into the existing science curricula; and terminating the Act after May 31, 2014. Analysis This bill dictates sustainable agriculture curricula guidelines be developed and incorportated into existing science curricula. While the bill requires input from local boards of education, it is the role of the State Board of Education to determine curricula issues. Recommendation: Oppose 1 Attachment B Proposed Legislation Consistent with 2012 Adopted Legislative Platform Curriculum HB1252 Sponsors Education - Dyslexia Testing and Services for Dyslexic Students - Pilot Program Delegates Hucker, Cullison, and Ross Synopsis FOR the purpose of requiring the State Department of Education to establish a pilot program for dyslexia and related disorder testing; requiring the Department to recommend appropriate testing methods and appropriate services to a student identified as having dyslexia or a related disorder; authorizing a county board to participate in the program in accordance with certain requirements; subject to a certain limitation, requiring county boards to test students for dyslexia or related disorders under certain circumstances; requiring a county board to provide a certain student with certain remedial education; requiring the Department to submit a certain report by a certain date to the General Assembly; defining certain terms; and generally relating to testing for dyslexia and providing services to dyslexic students. Analysis This bill requires MSDE develop a pilot program with recommended testing methods and appropriate services for dyslexic students. It is the role of State Board of Education to make such decisions. Recommendation: Oppose 2 Maryland Association of Boards of Education Attachment C 2012 Bill Highlights (Updated February 9, 2012) The FY 2013 State Budget & Education Funding SB 150/HB 85 - BUDGET BILL (FISCAL YEAR 2013) (By The President (By Request – Administration)) Making the proposed appropriations contained in the State Budget for the fiscal year ending June 30, 2013, in accordance with Article III, Section 52 of the Maryland Constitution; etc.; Assigned to: Budget and Taxation (Support with amendments) SB 152/HB 87 - BUDGET RECONCILIATION AND FINANCING ACT OF 2012 (By The President (By Request – Administration)) Altering or repealing specified required appropriations; altering the distribution of specified revenues; altering or repealing specified funding requirements; altering the authorized use of specified funds; authorizing the transfer of specified funds; etc.; Preliminary analysis: local government mandate; Assigned to: Budget and Taxation (Support with amendments) The Governor’s proposed state operating budget for fiscal year (FY) 2013 includes much for MABE to support, most importantly full funding of the Thornton Bridge to Excellence Act, including the 1% inflation factor. However, the budget is balanced based, in part, on provisions of the BRFA which would shift more than $240 million in teacher retirement costs from the state to local governments. MABE strongly opposes this proposal. For an overview of these and all other major components of the budget, go to MABE’s Priority Issues page Other Education Funding Bills HB 118/SB 244 - EDUCATION – RETIREE HEALTH SAVINGS – MAINTENANCE OF EFFORT (By Delegate Anderson/Senator Jones–Rodwell (By Request – Baltimore City Administration)) Excluding from the maintenance of effort calculation a reduction in retiree health costs under specified circumstances; excluding from the maintenance of effort calculation a specified calculation for a specified year; and applying the Act to a county’s required maintenance of effort amount beginning in fiscal year 2013. EFFECTIVE JUNE 1, 2012; ED, § 5-202(d) – amended; Assigned to: Ways and Means/Budget and Taxation (No Position) SB 848 - EDUCATION – MAINTENANCE OF EFFORT – WAIVERS (By Senator King) Requiring a county to apply to the State Board of Education for a waiver from the maintenance of effort requirement under specified circumstances; establishing a penalty for a county that fails to apply for a waiver and fails to fund the maintenance of effort requirement; establishing the following year’s required maintenance of effort amount under specified circumstances; etc. EFFECTIVE JULY 1, 2012; ED, § 5-202(d)(7) - amended and § 5-202(d)(9) – added; Assigned to: Budget and Taxation (Hold) SB 851 - EDUCATION – MAINTENANCE OF EFFORT – WAIVER OF PENALTY (By Senator King, et al) Waiving the penalty for not meeting the maintenance of effort requirement in a specified year. EFFECTIVE JULY 1, 2012; Assigned to: Budget and Taxation (Hold) The FY 2013 Capital Budget & School Construction Funding SB 151/HB 86 - CREATION OF A STATE DEBT – MARYLAND CONSOLIDATED CAPITAL BOND LOAN OF 2012, AND THE MARYLAND CONSOLIDATED CAPITAL BOND LOANS OF 2005, 2006, 2007, 2008, 2009, 2010, AND 2011 (by The President (By Request – Administration)) Authorizing the creation of a State Debt in the amount of $1,112,880,000, the proceeds to be used for specified necessary building, construction, demolition, planning, renovation, conversion, replacement, and capital equipment purchases of the State, for acquiring specified real estate in connection therewith, and for grants to specified subdivisions and other organizations for specified development and improvement purposes, subject to specified matching fund requirements by specified dates; etc. Assigned to: Budget and Taxation (Support) SB 153 - CREATION OF A STATE DEBT – QUALIFIED ZONE ACADEMY BONDS (By The President (By Request – Administration) Authorizing the creation of a State Debt in the amount of $15,324,000, the proceeds to be used as grants to the Interagency Committee on School Construction and the Maryland State Department of Education for specified development or improvement purposes; providing for disbursement of the loan proceeds and the further grant of funds to eligible school systems for specified purposes, subject to a requirement that the grantees document the provision of a required matching fund; etc. EFFECTIVE JUNE 1, 2012; Assigned to: Budget and Taxation (Support) MABE supports the Governor’s Capital Budget for FY 2013, which includes $351.4 million for school construction projects in Maryland’s 23 counties and Baltimore City. This amount significantly exceeds the annual funding level recommended by the 2003 Kopp Commission. In addition, $6.1 million is provided for the Aging Schools Program and $15.3 million is dedicated to Qualified Zone Academy Bonds (QZABs). QZABS are bonds that provide investors with federal tax credits in lieu of tax free interest payments. These bonds are used to make improvements to schools serving a significant number of students from low-income families. Other School Facilities Bills HB 2/SB 173 - PUBLIC SCHOOL BUILDINGS – CARBON MONOXIDE DETECTION AND WARNING EQUIPMENT (By Delegate Glenn/Senator Klausmeier, et al.) Requiring the construction or remodeling of public school buildings to conform to a standard for the installation of carbon monoxide detection and warning equipment for commercial structures; and making the Act an emergency measure. EMERGENCY BILL; ED, § 4-117 – amended; Assigned to: Environmental Matters/Budget and Taxation (No Position) HB 298 - PROCUREMENT – STATE FUNDS – ENERGY EFFICIENT OUTDOOR LIGHTING FIXTURES (By Delegate Carr) Expanding the prohibition on the use of State funds to install or replace a permanent outdoor luminaire to include all permanent outdoor luminaires unless the luminaire meets specified requirements. EFFECTIVE OCTOBER 1, 2012; SF, § 14-412 – amended; Assigned to: Health and Government Operations (No Position) HB 376 - VIDEO LOTTERY TERMINAL PROCEEDS – SCHOOL CONSTRUCTION (By Delegate Simmons, et al) Altering and repealing specified requirements of law relating to the use of proceeds from video lottery terminals; establishing a School Construction Account under the authority of the Interagency Committee on School Construction; repealing the Racetrack Facility Renewal Account; providing for the purpose of the Account; requiring the Comptroller to pay money from the Account; and requiring that funding from the Account be used to service debt for school construction; etc. This bill requires a mandated appropriation in the annual budget bill. EFFECTIVE JULY 1, 2012; SG, Various Sections - amended and repealed and Ch. 412 of the Acts of 2011, § 4 - repealed and § 5 – amended; Assigned to: Ways and Means (Hold) HB 489 - PUBLIC SAFETY – BOILER AND PRESSURE VESSEL SAFETY INSPECTION – EXCEPTIONS (By Delegate Kipke) Excluding specified pressure vessels from the requirement that each boiler and pressure vessel in the State be inspected, tested, and maintained in a safe operating condition. EFFECTIVE OCTOBER 1, 2012; PS, § 12-909(a) – amended; Assigned to: Economic Matters (Hold) HB 514 - STATE BOARD OF EDUCATION – STUDY ON THE USE OF PREFABRICATED SCHOOL CONSTRUCTION (By Delegate Stocksdale, et al) Requiring the State Board of Education to conduct a study on the use of prefabricated school construction in Maryland; requiring the State Board of Education to report to the General Assembly on or before a specified date; and providing for the termination of the Act. EFFECTIVE JUNE 1, 2012; Assigned to: Appropriations (Hold) SB 87 - STATE PAYMENTS OF PUBLIC SCHOOL CONSTRUCTION COSTS – REMITTANCE OF REIMBURSEMENT TO COUNTY (By Senator Glassman) Requiring the State, when the State provides 2 reimbursement of forward–funded public school construction or public school capital improvement projects, to remit the funds to the county government for specified payments; and prohibiting the State from remitting a reimbursement to the county board of education. EFFECTIVE JUNE 1, 2012; ED, § 5-301(h-1) – added; Assigned to: Budget and Taxation (Oppose) SB 190 - EDUCATION – SCHOOL CONSTRUCTION – APPLICABILITY OF PRIORITY FUNDING AREAS (By Senator Jacobs, et al) Repealing a specified policy of the State to target funds to existing public schools; excluding school construction from specified provisions of law; applying the Act to the fiscal 2013 public school construction capital improvement program; and making the Act an emergency measure. EMERGENCY BILL; ED, § 5-301(d)(3) and SF, § 5-7B-07 – amended; Assigned to: Budget and Taxation (No Position) SB 197 - SALES AND USE TAX – DISTRIBUTION OF REVENUES – PUBLIC SCHOOL CONSTRUCTION (By Senator McFadden) Requiring the Comptroller to pay $47,500,000 of the revenues from the sales and use tax to the Public School Construction Financing Fund to be used for specified public school construction projects; establishing the Public School Construction Financing Fund as a special, nonlapsing fund; specifying the amount of funding that the Board of Public Works may approve for public school construction in each county or region in the State; etc. This bill requires a mandated appropriation in the annual budget bill. EFFECTIVE JUNE 1, 2012; TG, § 2-1303 - amended and ED, § 5-313 – added; Assigned to: Budget and Taxation (No Position) SB 368 - PROCUREMENT – PREVAILING WAGE – APPLICABILITY (By Senator Stone) Altering the limitation on the applicability of the Prevailing Wage Law to the construction of a public work by revising the definition of “public body”. EFFECTIVE JULY 1, 2012; SF, § 17-201 – amended; Assigned to: Finance (Hold) State/County Taxes & Gaming Revenues HB 83 - PROPERTY TAX – CHARTER COUNTIES – LIMITS (By Delegate Hixson, et al) Authorizing the county council of a charter county, by a two–thirds vote of the full membership of the council, to set a property tax rate that is higher than the rate authorized under the county’s charter or collect more property tax revenues than the revenues authorized under the county’s charter, notwithstanding any provision of a county charter that places a limit on that county’s property tax rate or revenues; and applying the Act to tax years beginning after June 30, 2012. EFFECTIVE JUNE 1, 2012; TP, § 6-202 – amended; Assigned to: Ways and Means (Support) HB 180 - TASK FORCE TO STUDY THE COUNTY AND MUNICIPAL REVENUE STRUCTURE (By Delegate Hixson, et al) Establishing a Task Force to Study the County and Municipal Revenue Structure; providing for the membership and duties of the Task Force; providing for the designation of a chair of the Task Force; requiring the Department of Legislative Services to provide staff for the Task Force; prohibiting members of the Task Force from receiving compensation; requiring the Task Force to report its findings and recommendations to the Governor and the General Assembly on or before December 31, 2012; etc. EFFECTIVE JULY 1, 2012; Assigned to: Ways and Means (No Position) HB 855 - STATE LOTTERY AGENCY – EDUCATION LOTTERY (By Delegate Conaway) Requiring the State Lottery Agency to conduct a specified monthly lottery for the benefit of the public school systems in the State; requiring the Comptroller to pay to the public school systems in the State a specified percentage of the money that remains in the State Lottery Fund from the proceeds of a certain lottery after a specified distribution; requiring the Agency to meet specified advertising criteria in conducting the lottery; etc. EFFECTIVE OCTOBER 1, 2012; SG, § 9-120 - amended and § 9-120.2 – added; Assigned to: Ways and Means (Hold) SB 17 - SALES AND USE TAX – TAX–FREE WEEK – SCHOOL SUPPLIES AND PERSONAL COMPUTERS (By Senator Ramirez) Altering a specified sales and use tax exemption to include specified school supplies and personal computers, subject to specified limitations; defining terms; etc. EFFECTIVE JULY 1, 2012; TG, § 11-228 – amended; Assigned to: Budget and Taxation (No Position) 3 SB 26 - GAMING – TABLE GAMES – VIDEO LOTTERY FACILITIES (By Senator Klausmeier, et al) Authorizing the holder of a video lottery operation license to offer table games in the State; specifying the type of table games that may be authorized in the State; authorizing the State Lottery Commission to determine the suitability of specified table games; requiring video lottery facilities to comply with applicable planning and zoning laws of the local jurisdiction; requiring specified legislation; and submitting the Act to a referendum of the qualified voters of Maryland for their adoption or rejection. CONTINGENT – EFFECTIVE JULY 1, 2012; Assigned to: Budget and Taxation (No Position) SB 218 - COUNTY INCOME TAX – MAXIMUM RATE AND AUTHORITY TO IMPOSE ON A BRACKET BASIS (by Senator Manno) Increasing to 3.5% the maximum rate a county may impose on an individual’s Maryland taxable income; authorizing a county to impose the increase to the county income tax rate on a bracket basis; etc. EFFECTIVE JULY 1, 2012; TG, § 10-106 – amended; Assigned to: Budget and Taxation (Support) SB 740 - PROPERTY TAX – CHARTER COUNTIES – EDUCATION FUNDING (By Senator Madaleno) Authorizing the county council of a charter county to set a property tax rate higher than authorized by a county charter or to collect more property tax revenues than authorized under the county charter under specified circumstances for the sole purpose of funding education; requiring a charter county to appropriate to the local board of education specified revenues and prohibiting a charter county from reducing specified funding to the local board of education under specified circumstances; etc. EFFECTIVE JUNE 1, 2012; ED, § 5-104 – amended; Assigned to: Budget and Taxation (Support) SB 892 - GAMING – VIDEO LOTTERY TERMINALS AND TABLE GAMES (By Senator Peters, et al) Authorizing the awarding of an additional video lottery operation license and 4,750 additional video lottery terminals for a video lottery facility in a specified location in Prince George’s County; altering the amount paid to a video lottery operation licensee from the proceeds of video lottery terminals; creating a State Capital Account for a specified purpose; authorizing the holder of a video lottery operation license to offer table games in the State; submitting the Act to a referendum; etc. EFFECTIVE JULY 1, 2012; SF, § 6226(a)(2)(ii)62. and 63. - amended and 64. - added and SG, Various Sections - amended and § 9-1A-35.1 – added; Assigned to: Budget and Taxation (No Position) School System Accountability & Reporting HB 9 - EDUCATION – CHILDREN AND YOUTH – REPORTING OF INFORMATION CONCERNING STUDENT HEALTH, WELL–BEING, AND GROWTH (By Delegate Howard) Requiring each county superintendent of schools to report specified information relating to student growth, health, and well–being to the State Superintendent of Schools on or before December 1 of each year; requiring the State Department of Education to report specified information to the Governor and the General Assembly relating to student growth, health, and well–being on or before specified dates; etc. EFFECTIVE JULY 1, 2012; ED, § 4-111.1 - added and §§ 7-401 and 7-411.1 – amended; Assigned to: Ways and Means (Oppose) MABE opposes this bill as introduced because it includes a curricular mandate regarding diabetes education; and includes other duplicative reporting mandates on financial literacy and dating violence educational programs. HB 724 - STATE DEPARTMENT OF EDUCATION – SCHOOL GUIDANCE COUNSELORS – REPORTING (By Delegate Kaiser, et al) Requiring local school systems to report information on the duties and activities of school guidance counselors that are designed to promote college readiness of students in grades 6 through 12 to the State Department of Education on or before December 31, 2012; requiring the State Department of Education to report specified information to the General Assembly on or before December 31, 2013; and terminating the Act at the end of June 30, 2014. Preliminary analysis: local government mandate; EFFECTIVE JULY 1, 2012; Assigned to: Ways and Means (Hold) SB 143 - EDUCATION – COMPREHENSIVE MASTER PLANS (By Chair, Education, Health, and Environmental Affairs Committee (By Request – Departmental – Education)) Requiring a local board of education to submit updates to the local board’s comprehensive master plan on or before October 15, 2012, 4 October 15, 2013, and October 15, 2014; and altering the dates by which a local board is required to submit a comprehensive master plan and an annual update. EFFECTIVE JULY 1, 2012; ED, § 5-401(b) – amended; Assigned to: Education, Health, and Environmental Affairs (Support) Curriculum, Assessments & Programs HB 191/SB 307 – STATE BOARD OF EDUCATION – FINANCIAL LITERACY CURRICULUM – GRADUATION REQUIREMENT (By Delegate Walker/Senator Klausmeier) Requiring the State Board of Education to develop curriculum content for a course in financial literacy; requiring each county board of education to implement the financial literacy curriculum content developed by the State Board in every high school in the county; and requiring students to complete a course in financial literacy in order to graduate from high school. Preliminary analysis: local government mandate. EFFECTIVE OCTOBER 1, 2012; ED, § 7-205.1 – added; Assigned to: Ways and Means/Senate Education, Health and Env. Affairs (Oppose) HB 390/SB 571 - LIBRARIES – MARYLAND DEAF CULTURE DIGITAL LIBRARY (By Delegates Luedtke and Reznik/Senators Montgomery et al.) Requiring the Division of Library Development and Services in the State Department of Education to establish and coordinate the Maryland Deaf Culture Digital Library; requiring the Division to coordinate with the Governor’s Office of the Deaf and Hard of Hearing in establishing the digital library; etc. EFFECTIVE OCTOBER 1, 2012; ED, § 23-105 – amended Assigned to: Ways and Means/Education Health and Environmental Affairs (No Position) HB 493 - TASK FORCE TO STUDY ECONOMIC DEVELOPMENT AND APPRENTICESHIPS (By Delegates Simmons and Kramer) Establishing the Task Force to Study Economic Development and Apprenticeships; providing for the composition, chair, and staffing of the Task Force; establishing the duties of the Task Force; prohibiting a member of the Task Force from receiving compensation, but authorizing the reimbursement of expenses; requiring the Task Force to report to the Governor and General Assembly by a specified date; and providing for the termination of the Act. EFFECTIVE OCTOBER 1, 2012; Assigned to: Economic Matters (No Position) HB 515/SB 476 – STATE GOVERNMENT – FINANCIAL EDUCATION AND CAPABILITY COMMISSION (By Delegate Stein, et al/Senator Klausmeier, et al) Establishing the Financial Education and Capability Commission; providing for the composition, co–chairs, and staffing of the Commission; prohibiting a member of the Commission from receiving specified compensation, but authorizing the reimbursement of specified expenses; requiring the Commission to meet at least two times each year; requiring the Commission to monitor the implementation of specified public and private initiatives and make specified recommendations; etc. EFFECTIVE OCTOBER 1, 2012; SG, §§ 9-801 through 9-804 – added; Assigned to: Ways and Means/Education Health and Environmental Affairs & Finance (No Position) HB 680 - EDUCATION – DEVELOPMENT OF GUIDELINES TO INCORPORATE SUSTAINABLE AGRICULTURAL EDUCATION (Delegate Rosenberg, et al) Requiring the State Board of Education and the University of Maryland Extension, after consultation with local boards of education, the Maryland Agricultural Education Foundation, and other organizations that promote education about sustainable agriculture, to jointly develop guidelines to incorporate education about sustainable agriculture into the existing science curricula; and terminating the Act after May 31, 2014. EFFECTIVE JUNE 1, 2012; ED, § 4-111.1 – added; Assigned to: Ways and Means (Hold) HB 831 - EDUCATION – PUBLIC SCHOOLS – PARENT TRIGGER (By Delegate Bates, et al) Authorizing parents and legal guardians of students attending public schools that are subject to corrective action and are not making adequate yearly progress to petition county boards of education to implement interventions; requiring county boards to notify the State Superintendent of Schools and the State Board of Education on receipt of petitions and of the final dispositions regarding the petitions; etc. EFFECTIVE OCTOBER 1, 2012; ED, §§ 9.5-101 through 9.5-107 – added; Assigned to: Ways and Means (Oppose) SB 293 - EDUCATION – CORE CONTENT AREAS – ACCOUNTABILITY PROGRAM (By Senator Miller, et al) Requiring the State Board of Education and the State Superintendent of Schools to assist each county board of education to establish goals that conform with specified objectives for subject areas that include 5 science and social studies; requiring each public school to survey current student achievement in science and social studies; requiring the State Board and the State Superintendent to design and implement assessment programs in specified subjects; requiring specified grade band assessments and end–of– course assessments to be established; etc. EFFECTIVE JULY 1, 2012; ED, §§ 5-401(c) and 7-203 – amended; Assigned to: Education, Health, and Environmental Affairs (Oppose) SB 524 - MARYLAND AFTER–SCHOOL AND SUMMER OPPORTUNITY FUND PROGRAM (By Senator King, et al) Transferring the Maryland After–School Opportunity Fund Program from the State Department of Education to the Governor’s Office for Children; altering the name of the Program; limiting grant eligibility to nonprofit organizations and establishing specified parameters for awarding grants; etc. EFFECTIVE OCTOBER 1, 2012; HU, §§ 8-1101 through 8-1107 – amended; Assigned to: Education, Health, and Environmental Affairs (Hold) SB 863 - PUBLIC SCHOOLS – DATING VIOLENCE – KRISTEN MARIE MITCHELL LAW (By Senator Manno, et al) Adding dating violence to provisions of law requiring the reporting of incidents of specified conduct by a county board of education; altering the content of a specified form and report, policies, and educational programs to include incidents of dating violence; requiring the State Board of Education to develop, by a specified date, a model policy that includes a prohibition on dating violence; altering the date by which each county board is required to submit a specified policy to the State Superintendent of Schools; etc. EFFECTIVE JULY 1, 2012; ED, §§ 7-424 and 7-424.1 – amended; Assigned to: Education, Health, and Environmental Affairs (Hold) Virtual Learning HB 745/SB 689 - EDUCATION – MARYLAND ADVISORY COUNCIL FOR VIRTUAL LEARNING – ESTABLISHMENT (By Delegate Serafini, et al/Senator Shank) Establishing the Maryland Advisory Council for Virtual Learning within the Department of Education; requiring the Department to provide staff for the Council; establishing the mission of the Council; identifying the membership of the Council; establishing the membership term; requiring the State Superintendent or the Governor to appoint a member in the event of a vacancy; requiring the Council members to elect the Council chair; etc. EFFECTIVE OCTOBER 1, 2012; ED, §§ 7-10B-01 through 7-10B-06 – added; Assigned to: Ways and Means/Education, Health and Env. Affairs (Hold) SB 674 - PRIMARY AND SECONDARY EDUCATION – ONLINE COURSES – LOCAL APPROVAL AND REPORTING REQUIREMENTS (By Senator Rosapepe) Authorizing a county board of education to procure online courses and services that the county board has approved as being high quality and in alignment with specified State standards; requiring a county board that has approved an online course to submit a specified report to the State Department of Education; and making the Act an emergency measure. EMERGENCY BILL; ED, § 7-1002 – amended; Assigned to: Education, Health, and Environmental Affairs (Hold) SB 735 - STATE BOARD OF EDUCATION – ONLINE COURSES – APPROVAL PROCESSING FEES (By Senator Rosapepe) Authorizing the State Board of Education to set reasonable fees for the costs incurred by the State Department of Education for processing approvals for online courses and services. EMERGENCY BILL; ED, § 7-1002 – amended; Assigned to: Education, Health, and Environmental Affairs (Hold) SB 736 - PRIMARY AND SECONDARY EDUCATION – ONLINE COURSES – ACCEPTANCE OF COURSES APPROVED BY OTHER STATES (By Senator Rosapepe) Authorizing the State Department of Education or a county board of education to procure online courses and services that have been approved by a state that the Department has determined has curriculum content standards consistent with the Maryland content standards; and making the Act an emergency measure. EMERGENCY BILL; ED, § 71002 – amended; Assigned to: Education, Health, and Environmental Affairs (Hold) 6 Special Education SB 58 - EDUCATION – CHILDREN IN INFORMAL KINSHIP CARE RELATIONSHIPS – PAYMENTS FOR STUDENTS WITH DISABILITIES – FUNDING (By Senator Kelley) Altering a provision of law relating to funding the education of specified students with disabilities in informal kinship care relationships; and defining terms. EFFECTIVE JULY 1, 2012; ED, § 4-122.1 – amended; Assigned to: Education, Health, and Environmental Affairs (No Position) HB 284 - EDUCATION – CHILDREN IN OUT–OF–COUNTY LIVING ARRANGEMENTS – PAYMENTS FOR CHILDREN WITH DISABILITIES (By Chair, Ways and Means Committee (By Request – Departmental – Education)) Altering a specified provision relating to funding the education of disabled children placed in out–of–county living arrangements; and defining specified terms. EFFECTIVE JULY 1, 2012; ED, § 4-122(a) and (c) – amended; Assigned to: Ways and Means (No Position) HB 596 - CHILD WITH A DISABILITY – INDIVIDUALIZED EDUCATION PROGRAM MEETING – DOCUMENT ACCESS (By Delegate Kaiser, et al) Altering the period of time that appropriate school personnel must provide a copy of specified documents relating to the development of an individualized education program for a child with a disability to the parents of the child to at least 5 calendar days before a specified meeting. EFFECTIVE JULY 1, 2012; ED, § 8-405(c) – amended; Assigned to: Ways and Means Student Enrolment SB 362/HB 373 - EDUCATION – AGE FOR COMPULSORY PUBLIC SCHOOL ATTENDANCE – EXEMPTIONS (By Senator Pugh, et al/Delegate Braveboy, et al.) Altering from 16 to 17 the maximum age at which children are required to attend a public school regularly during the entire school year, subject to specified exceptions; etc. VARIOUS EFFECTIVE DATES; ED, § 7-301 – amended; Assigned to: Education, Health, and Environmental Affairs/Ways and Means (Support) SB 605/HB 757 - EDUCATION – CHILDREN IN STATE–SUPERVISED CARE – GEOGRAPHICAL ATTENDANCE AREA (By Senator Kelley/Delegate Luedtke and Wilson) Authorizing a child to remain in a school in a specified geographical attendance area regardless of whether the child resides within the area under specified circumstances; requiring that specified determinations regarding the best interests of children in State–supervised care be made in accordance with specified factors; requiring a county superintendent to allow a child to remain at a school under specified circumstances; etc. EFFECTIVE JULY 1, 2012; ED, §§ 4-109, 7-101(b), and 8-501 - amended and § 8-503.1 – added; Assigned to: Education, Health, and Environmental Affairs/Ways and Means (Hold) SB 878 - EDUCATION – PRESCHOOL FOR ALL – ESTABLISHMENT AND FUNDING (By Senator Ferguson) Establishing specified funding for prekindergarten students by altering a specified definition to include prekindergarten students in the number of students enrolled; altering a specified funding calculation to phase in a reduction of specified funding; altering a specified definition to make specified children eligible for prekindergarten; etc. Preliminary analysis: local government mandate; This bill requires a mandated appropriation in the annual budget bill. CONTINGENT – EFFECTIVE JULY 1, 2012; ED, §§ 5-202(a)(6), 5207(a)(4), and 7-101.1 and SG, § 9-1A-30 - amended, and ED, § 7-103(f) repealed and added; Assigned to: Budget and Taxation and Education, Health, and Environmental Affairs (Hold) Kinship Care SB 178/SB 617 - EDUCATION – INFORMAL KINSHIP CARE – DOCUMENTATION SUPPORTING AFFIDAVIT – REPEAL (By Senators Jacobs and Montgomery/Delegate Hough, et al.) Repealing the requirement that specified supporting documentation accompany an affidavit verifying to a county superintendant of schools that a child is living in an informal kinship care arrangement for specified school attendance purposes; and repealing a requirement that specified instructions explain the necessity of and encourage the submission of specified supporting documentation. EFFECTIVE JULY 1, 2012; ED, § 7-101 – amended; Assigned to: Education, Health, and Environmental Affairs/Ways and Means (Oppose) 7 Parental Involvement/Personnel SB 329/HB 567 - (By Senator Ferguson, et al/Delegate Luedtke, et al)) EDUCATION – PARENT– TEACHER MEETINGS – UNPAID LEAVE Authorizing an employee to use unpaid leave to attend a parent– teacher meeting; requiring an employee to notify the employer at least 3 days before the employee will use unpaid leave to attend a parent–teacher meeting; prohibiting an employee who uses unpaid leave under the Act from using more than 4 hours per parent–teacher meeting and from using unpaid leave more than twice per each half of an academic year; etc. EFFECTIVE OCTOBER 1, 2012; ED, § 1-301 – added; Assigned to: Finance/Economic Matters (Support) Student Discipline HB 8 - CRIMES – ELECTRONIC COMMUNICATION – HARASSMENT (By Delegate Washington) Changing the prohibition against using electronic mail with the intent to harass to prohibit engaging in electronic communication with the intent to harass; changing the defined term “electronic mail” to “electronic communication” and altering the definition; and establishing penalties for a second or subsequent violation of the Act. EFFECTIVE OCTOBER 1, 2012; CR, § 3-805 – amended; Assigned to: Judiciary (No Position) HB 25 –CRIMES – MALICIOUS DESTRUCTION OF PROPERTY BY GRAFFITI – PENALTIES (By Delegate Olszewski) Altering the requirement that a court order a person convicted of causing malicious destruction of property by an act of graffiti to either pay restitution or perform community service or both so as to require that the court order both the payment of restitution and community service. EFFECTIVE OCTOBER 1, 2012; CR, § 6-301 – amended; Assigned to: Judiciary (No Position) HB 542 - PUBLIC SCHOOLS – STUDENT ATTENDANCE – PREVENTING CHRONIC ABSENTEEISM (By Delegate Gutierrez, et al) Requiring public schools to maintain a record of the daily attendance of students in kindergarten through 12th grade using a specified identifier, to calculate and maintain a record of specified attendance information, and to submit a report to the county board of education that includes specified student attendance information for each grading period each year; requiring each county board to calculate and maintain a specified record of countywide student attendance information; etc. Preliminary analysis: local government mandate; EFFECTIVE JULY 1, 2012; ED, § 4-127 – added; Assigned to: Ways and Means (Oppose) SB 175 - CRIMES – ELECTRONIC COMMUNICATION – HARASSMENT (By Senator Raskin, et al) Changing the prohibition against using electronic mail with the intent to harass to prohibit engaging in electronic communication with the intent to harass; changing the defined term “electronic mail” to “electronic communication” and altering the definition; and establishing penalties for a second or subsequent violation of the Act. EFFECTIVE OCTOBER 1, 2012; CR, § 3-805 – amended; Assigned to: Judicial Proceedings (No Position) SB 280 – TASK FORCE TO STUDY IMPLEMENTING A CIVIL RIGHT TO COUNSEL IN MARYLAND (By Chair, Judicial Proceedings Committee (By Request – Maryland Judicial Conference)) Establishing the Task Force to Study Implementing a Civil Right to Counsel in Maryland; providing for the composition, chair, and staffing of the Task Force; prohibiting a member of the Task Force from receiving specified compensation, but authorizing the reimbursement of specified expenses; requiring the Task Force to study and make recommendations regarding specified matters; requiring the Task Force to report its findings and recommendations to specified public officials on or before October 1, 2013; etc. EFFECTIVE OCTOBER 1, 2012; Assigned to: Judicial Proceedings (No Position) Student Health & Fitness HB 68 - MEDICAL TREATMENT – YOUTH – REGISTERED NURSES, PHYSICIAN ASSISTANTS, AND LICENSED CLINICAL SOCIAL WORKERS (By Delegates Rosenberg and Hubbard) Providing that a minor has the same capacity as an adult to consent to medical treatment if a registered nurse, physician assistant, 8 or licensed clinical social worker makes a specified determination; providing that a registered nurse, physician assistant, licensed clinical social worker, or an individual under the direction of a registered nurse, physician assistant, or licensed clinical social worker who treats a minor is not liable for civil damages or subject to specified penalties under specified circumstances; etc. EFFECTIVE OCTOBER 1, 2012; HG, § 20-102 – amended; Assigned to: Health and Government Operations (No Position) HB 196/SB 564 – STUDENT HEALTH AND FITNESS ACT (By Delegate Walker, et al/Senator Pugh, et al.) Requiring that a public school student in elementary school be provided a daily program of physical activity totaling at least 150 minutes of physical activity each week, including at least 90 minutes of physical education; requiring that the program of physical activity for a specified category of student be consistent with a specified plan for the student; requiring public elementary schools to designate a specified group to plan and coordinate specified activities; etc. Preliminary analysis: local government mandate. EFFECTIVE OCTOBER 1, 2012; ED, § 7-409(a) - amended and § 7-409(b) – added; Assigned to: Ways and Means/Education, Health and Env. Affairs (Oppose) HB 370 – PUBLIC SCHOOLS – PHYSICAL EXAMINATIONS – CALCULATION OF BODY MASS INDEX (By Delegate Costa) Requiring the State Department of Education’s regulations regarding physical examinations of children entering the public school system to include a calculation of the child’s body mass index. EFFECTIVE JULY 1, 2012; ED, § 7-402 – amended; Assigned to: Ways and Means (Hold) HB 201 - PUBLIC SCHOOLS – MEAL MENUS – NUTRITION INFORMATION (By Delegate Niemann) Requiring each public school, beginning in the 2012–2013 school year, to list the number of calories contained in a menu item next to the menu item on a meal menu published by the school. EFFECTIVE JULY 1, 2012; ED, § 7-434 – added; Assigned to: Ways and Means (Oppose) HB 308/SB 625 - TOBACCO–FREE SCHOOLS ACT (By Delegate Luedtke/Senator Forehand and Montgomery) Prohibiting the use of tobacco products in school buildings, on school grounds, and inside school buses; prohibiting the use of tobacco products by specified persons at specified school–sponsored events; providing a penalty for a violation and requiring the penalty to be paid to the Cigarette Restitution Fund; authorizing a waiver of the penalty in specified circumstances; etc. EFFECTIVE JULY 1, 2012; ED, § 26-105 – added; Assigned to: Ways and Means (Hold) HB 497/SB 621 – PUBLIC SCHOOLS – EPINEPHRINE AVAILABILITY AND USE – POLICY REQUIREMENTS (By Delegate Myers, et al/Senator Shank, et al.) Requiring each county board of education to establish a policy to authorize specified school personnel to administer auto–injectable epinephrine to specified students under specified circumstances; requiring the policy to include specified information; providing that the policy may authorize a school nurse to obtain and store at a public school auto–injectable epinephrine for specified purposes; requiring specified public schools to submit a specified report to the State Department of Education; etc. EFFECTIVE JULY 1, 2012; ED, § 7-426.2 – added; Assigned to: Ways and Means/Education Health and Environmental Affairs (Hold) SB 557 - EDUCATION – MARYLAND INTERSCHOLASTIC ATHLETIC ASSOCIATION – ESTABLISHMENT (By Senator Getty) Establishing the Maryland Interscholastic Athletic Association in the State Department of Education; specifying the purposes of the Association; establishing the Board of Directors of the Association; providing for the membership of the Board; requiring the Board to adopt specified regulations and issue a specified decision within a specified number of days after a specified hearing; authorizing the Board to adopt specified regulations; specifying the duties of the Board; etc. EFFECTIVE OCTOBER 1, 2012; ED, §§ 2-401 through 2-411 - added and § 7-433(b) – amended; Assigned to: Education, Health, and Environmental Affairs (Hold) SB 867 - STATE DEPARTMENT OF EDUCATION – ORAL HEALTH EDUCATION – CERTIFICATION AND MONITORING (By Senator Conway) Requiring each county superintendent to certify to the State Superintendent of Schools on or before September 1 of each year that oral health education, including oral disease prevention and dental health promotion, is being taught in the county; etc. EFFECTIVE JULY 1, 2012; ED, § 4-111.1 - added and § 7-401(a) – amended; Assigned to: Education, Health, and Environmental Affairs (Hold) 9 Student Safety & Criminal Law HB 11 - CRIMINAL LAW – THIRD DEGREE SEXUAL OFFENSE – PERSON IN POSITION OF AUTHORITY (By Delegate Glenn) Repealing the requirement that the prosecution of a misdemeanor offense of the prohibition against a specified person in a position of authority engaging in a sexual act or sexual contact with a minor, under specified circumstances, be instituted within 3 years after the offense was committed; prohibiting a specified person in a position of authority who is at least 6 years older than the victim from engaging in sexual contact or a sexual act while the minor is enrolled or participating in a specified institution, program, or activity; etc. EFFECTIVE OCTOBER 1, 2012; CJ, § 5-106(z) - repealed and CJ, § 5-106 and CR, §§ 3-301, 3-307, and 3-308 – amended; Assigned to: Judiciary (No Position) HB 361 - PUBLIC SAFETY – AUTISM AWARENESS TRAINING PROGRAM (By Delegate Pena–Melnyk, et al) Requiring the Police Training Commission to implement a specified program on autism awareness training for police officers; prohibiting the Commission from approving or issuing a certificate to a specified school until the school has implemented autism awareness training; prohibiting the Commission from certifying an individual as a police officer under specified circumstances; requiring the Commission to adopt specified rules and regulations; specifying the minimum components of a specified autism awareness training program; etc. EFFECTIVE OCTOBER 1, 2012; PS, § 3-207 – amended; Assigned to: Judiciary (Hold) SB 63 - CHILD ABUSE AND NEGLECT – FAILURE TO PROVIDE NOTICE OR REPORT – CIVIL LIABILITY AND CRIMINAL PENALTY (By Senator Kelley, et al) Adding medical examiners and parole or probation agents to the list of individuals required to notify the appropriate authorities and make a report if the individual, acting in a professional capacity in the State, has reason to believe a child has been subjected to abuse or neglect; making it a misdemeanor for specified professionals to knowingly fail to provide a notice or make a report of suspected child abuse under specified circumstances; providing that specified professionals may be held civilly liable for specified damages; etc. EFFECTIVE OCTOBER 1, 2012; CJ, § 5-620 and FL, §§ 5-704 and 5-708 – amended; Assigned to: Judicial Proceedings (No Position) SB 140 - CRIMES – CHILD ABUSE AND NEGLECT – FAILURE TO REPORT (By Senator Jacobs, et al) Establishing that specified persons who are required to provide specified notice or make reports of suspected child abuse or neglect may not knowingly fail to give the notice or make the reports; establishing a misdemeanor and penalties for knowingly failing to report child abuse or neglect; etc. EFFECTIVE OCTOBER 1, 2012; CR, § 3-602.2 – added; Assigned to: Judicial Proceedings (No Position) SB 613 - CHILD SEXUAL ABUSE REPORTING – TRAINING OF SCHOOL EMPLOYEES (By Senator Raskin, et al) Requiring the State Board of Education to develop a model program by December 1, 2012, for training professional school employees on the prevention, identification, and reporting of child sexual abuse; requiring that the model program include specified information; authorizing the model program to include a specified sexual abuse prevention curriculum; requiring county boards of education and specified nonpublic schools to develop a mandatory training program for all professional school employees by a specified date; etc. EFFECTIVE JULY 1, 2012; ED, § 7-434 - added and FL, § 5-704 – amended; Assigned to: Education, Health, and Environmental Affairs and Judicial Proceedings (Hold) SB 893 - COACHES – SEXUAL CONTACT WITH MINORS – PROHIBITION (By Senator Jones–Rodwell) Prohibiting a coach from engaging in a sexual act, sexual contact, or vaginal intercourse with a minor under specified circumstances; providing for a statute of limitations for the prosecution of a violation of the Act; etc. EFFECTIVE OCTOBER 1, 2012; CR, § 3-308 and CJ, § 5-106(z) – amended; Assigned to: Judicial Proceedings (Hold) 10 Transportation HB 55 - MOTOR VEHICLES – USE OF TEXT MESSAGING DEVICE WHILE DRIVING (By Delegate Malone) Altering the definition of “wireless communication device” to include a hand–held or handsfree telephone but to remove from the definition a text messaging device; establishing that a specified prohibition against a minor using a wireless communication device while operating a motor vehicle does not apply to the use of a text messaging device; altering the enforcement provision of the prohibition against a minor texting while driving; etc. EFFECTIVE OCTOBER 1, 2012; TR, §§ 21-1124 and 21-1124.1 – amended; Assigned to: Environmental Matters (No Position) HB 104 - MOTOR VEHICLES – USE OF WIRELESS COMMUNICATION DEVICE – PROHIBITED ACTS, ENFORCEMENT, AND PENALTIES (By Delegates Malone and Kach) Repealing provisions of law that require enforcement as a secondary offense of specified violations involving the use of a wireless communication device while operating a motor vehicle; repealing provisions of law that apply prohibitions involving the use of a wireless communication device to specified operators of motor vehicles only if the motor vehicle is in motion; providing that specified prohibitions apply only if the motor vehicle is in the travel portion of a roadway; altering a specified penalty; etc. EFFECTIVE OCTOBER 1, 2012; TR, §§ 21-1124 and 21-1124.2 – amended; Assigned to: Environmental Matters (No Position) HB 354 - SPEED MONITORING SYSTEMS AND SCHOOL BUS MONITORING CAMERAS – USE OF FINES – PUBLIC EDUCATION (By Delegate Holmes) Authorizing a political subdivision that collects fines as a result of violations enforced by speed monitoring systems or school bus monitoring cameras, after recovering costs of implementing and administering the speed monitoring systems or school bus monitoring cameras, to spend the remaining balance on public education purposes. EFFECTIVE OCTOBER 1, 2012; CJ, § 7-302(e)(4) – amended; Assigned to: Environmental Matters (Hold) HB 431 - VEHICLE LAWS – USE OF SCHOOL BUS MONITORING CAMERAS (By Delegate Hogan) Altering the requirements for a recorded image taken by a school bus monitoring camera by expanding the types of license plates that the image may include; altering the defined term “recorded image” by repealing the requirement that an image may show only the rear of a motor vehicle; and authorizing specified persons in specified counties to place school bus monitoring cameras on all school buses in the county. EFFECTIVE JULY 1, 2012; TR, § 21-706.1(a)(4), (c), and (d) – amended; Assigned to: Environmental Matters (Hold) SB 110 - MOTOR VEHICLE ADMINISTRATION – YOUNG DRIVER IMPROVEMENT PROGRAM – PARENT AND GUARDIAN ATTENDANCE (By Chair, Judicial Proceedings Committee (By Request – Departmental – Transportation)) Authorizing the Motor Vehicle Administration to require a parent, guardian, or other responsible adult cosigner of an application for a driver’s license to attend a young driver improvement program with a specified minor offender under specified circumstances; etc. EFFECTIVE OCTOBER 1, 2012; TR, § 16-213 – amended; Assigned to: Judicial Proceedings (No Position) SB 312/HB 606 - EDUCATION – SCHOOL VEHICLE – ON–BOARD ATTENDANT (By Senator Pugh, et al)/Delegate Pena-Melnyk) Prohibiting an individual from serving as a school vehicle on–board attendant unless the school vehicle on–board attendant is an employee and possesses specified identification; and authorizing the Motor Vehicle Administration, with the advice of the State Department of Education, to adopt regulations concerning the qualifications of school vehicle on–board attendants. EFFECTIVE OCTOBER 1, 2012; TR, § 16-816 – amended; Assigned to: Judicial Proceedings/Judiciary (Hold) SB 478 - EDUCATION – SCHOOL BUSES – FIRE SAFETY STANDARDS FOR ENGINE COMPONENTS (By Senator Ferguson) Requiring that a school bus engine compartment be constructed with materials that enable it to meet fire safety criteria and to achieve a specified classification under a specified safety standard. Preliminary analysis: local government mandate; EFFECTIVE OCTOBER 1, 2012; ED, § 7-808 – amended; Assigned to: Education, Health, and Environmental Affairs (Hold) 11 Procurement SB 708 - COUNTY BOARDS OF EDUCATION – GREEN PRODUCT CLEANING SUPPLIES – WRITTEN POLICIES Senator Montgomery) Requiring a county board of education to adopt specified written policies relating to the procurement of green product cleaning supplies subject to specified exceptions; and requiring specified county boards to provide specified notice to the State Department of Education under specified circumstances. EFFECTIVE JULY 1, 2012; ED, § 5-112 – amended; Assigned to: Education, Health, and Environmental Affairs (Hold) SB 712 - PROCUREMENT – PREVAILING WAGE – SCHOOL CONSTRUCTION (By Senator Kittleman, et al) Increasing to 75% or more the percentage of State money that must be used in an elementary or a secondary school construction project before the Prevailing Wage Law applies; etc. EFFECTIVE JULY 1, 2012; SF, § 17-201(i) and (j) – amended; Assigned to: Finance (Hold) Student Employment HB 291 – LABOR AND EMPLOYMENT – EMPLOYMENT OF MINORS – WORK PERMITS (By Chair, Economic Matters Committee (By Request – Departmental – Labor, Licensing and Regulation)) Altering the circumstances under which the Commissioner of Labor and Industry is required to issue a specified work permit for a minor; repealing a specified provision of law authorizing a county superintendent of schools or a superintendent’s designee to issue a work permit; requiring an employer to apply online to obtain a specified work permit and to make specified certifications; etc. EFFECTIVE OCTOBER 1, 2012; LE, § 3-206 amended and §§ 3-214.1 and 3-217 – added; Assigned to: Economic Matters (Hold) Personnel SB 876 - PUBLIC SCHOOL TEACHERS AND ADMINISTRATORS – APPEALS AND LAYOFFS – RIGHTS AND LIMITATIONS (By Senator Ferguson) Limiting the review by the State Board of Education of the decision of a county board to suspend or dismiss specified public school teachers and administrators to a review on the record; requiring public school employers to negotiate teacher layoff policies as part of collective bargaining; requiring the use of performance evaluations in policies relating to teacher layoff decisions; etc. EFFECTIVE JULY 1, 2012; ED, §§ 6-202(a), 6-203(e), and 6-408(b) and (c) – amended; Assigned to: Finance (Hold) Teacher Retirement HB 162/SB 273 - STATE RETIREMENT AND PENSION SYSTEM – ADMINISTRATIVE AND OPERATIONAL EXPENSES – CERTIFICATIONS AND NOTIFICATIONS (By Delegate Griffith/Senator Jones–Rodwell (Chair, Joint Committee on Pensions) Requiring the Board of Trustees for the State Retirement and Pension System to send specified certifications and notifications of the amounts payable by local employers for administrative and operational expenses of the Board of Trustees and the State Retirement Agency on or before specified dates. EFFECTIVE JUNE 1, 2012; SP, § 21-316 – amended; Assigned to: Appropriations/Budget and Taxation (Support) HB 661 - STATE RETIREMENT AND PENSION SYSTEM – LOCAL EMPLOYER CONTRIBUTIONS – EDUCATORS AND EDUCATIONAL STAFF (By Delegate Smigiel, et al) Providing for the calculation of a payment of a portion of employer contributions for local school board employees and community college employees who are members of the Teachers’ Retirement System or the Teachers’ Pension System; requiring counties to pay a portion of the employer contributions for local school board employees and community college employees who are members of the Teachers’ Retirement System or the Teachers’ Pension System; etc. Preliminary analysis: local government mandate; EFFECTIVE JULY 1, 2012; SP, §§ 21-304 and 21-308 - amended and § 21-309.1 – added; Assigned to: Appropriations (Hold) 12 SB 836/HB 863 – TEACHERS’ RETIREMENT AND PENSION SYSTEMS – LOCAL EMPLOYER CONTRIBUTIONS (By Senators Pipkin and Brinkley/Delegate Serafini) Requiring the State Board of Education to provide for the calculation of a payment of a portion of the employer contributions for local school board employees and community college employees who are members of the Teachers’ Retirement System or the Teachers’ Pension System; requiring specified counties to pay a portion of the employer contributions for local school board employees and community college employees who are members of the Teachers’ Retirement System or the Teachers’ Pension System; etc. Preliminary analysis: local government mandate; EFFECTIVE JULY 1, 2012; SP, §§ 21-304 and 21-308 - amended and § 21-309.1 – added; Assigned to: Budget and Taxation/Appropriations (Hold) Local Bills (MABE has taken “No Position” unless otherwise indicated) HB 14 - BALTIMORE CITY BOARD OF SCHOOL COMMISSIONERS – SELECTION OF MEMBERS – LOCAL REFERENDUM (DEMOCRACY IN EDUCATION ACT OF 2012) (By Delegate Glenn) Increasing the number of members of the Baltimore City School Commissioners; requiring a specified number of board members to be elected at–large by the voters of Baltimore City; altering the length of a term of the members of the board; requiring specified board members to be elected at a specified election and in accordance with specified provisions of law; providing for the termination of the term of the initial elected members of the board; submitting the Act to a referendum of qualified voters of Baltimore City; etc. CONTINGENT – EFFECTIVE JULY 1, 2012; ED, §§ 3-108.1 and 3-114 – amended; Assigned to: Ways and Means (Local) HB 50/SB 46 - SOMERSET COUNTY – COUNTY COMMISSIONERS – DISTRICTS (By Delegate Otto/Senator Mathias) Repealing the current boundaries for the county commissioner districts in Somerset County; establishing new boundaries for the county commissioner districts in Somerset County; providing for the reopening of a specified candidate filing deadline for a candidate for the office of member of the Somerset County Board of Education who will be elected at the general election in November 2012; and prohibiting a specified withdrawal of candidacy. EMERGENCY BILL; PLL of Somerset Co., Art. 20, § 2102(b) through (f) - repealed and added; Assigned to: House Rules and Executive Nominations (Local) HB 105/SB 43 - ANNE ARUNDEL COUNTY BOARD OF EDUCATION – SELECTION OF MEMBERS – STRAW BALLOT (By Delegate McConkey/Senator Simonaire) Requiring that a question be placed on the ballot in Anne Arundel County at the November general election of 2012 to determine the sense of the voters of the County on the issue of changing the method of selecting members of the Anne Arundel County Board of Education; and providing for the carrying out of the straw ballot. Preliminary analysis: local government mandate; EFFECTIVE JULY 1, 2012; Assigned to: Ways and Means/Education, Health, and Environmental Affairs (Local) HB 106/SB 21 - ANNE ARUNDEL COUNTY BOARD OF EDUCATION – APPOINTED MEMBERS SUBJECT TO CONTESTED ELECTIONS (By Delegate McConkey/Senator Simonaire) Requiring that the appointed members of the Anne Arundel County Board of Education be subject to contested elections; repealing provisions relating to a retention election for appointed members of the county board, as specified; providing for a nonpartisan election for the county board under specified circumstances; providing that candidates for election to the county board be nominated and the elections be conducted in a specified manner; establishing rules; etc. Preliminary analysis: local government mandate; EFFECTIVE OCTOBER 1, 2012; ED, §§ 3-108, 3-110, and 3-114 Assigned to: Ways and Means/Education, Health, and Environmental Affairs (Local) HB 185 - EDUCATION – TALBOT COUNTY – PARTICIPATION IN HIGH SCHOOL ATHLETIC PROGRAMS (By Delegates Haddaway–Riccio and Eckardt) Allowing a student to participate in interscholastic athletic activities in another public high school in Talbot County if that athletic activity is not offered at the public secondary school in the student’s geographical attendance area. EFFECTIVE JUNE 1, 2012; ED, § 4-127 – added; Assigned to: Ways and Means (Local) 13 HB 208 – BALTIMORE CITY PUBLIC SCHOOL SYSTEM – GOVERNANCE (By Delegate Mitchell) Altering the appointment process of specified members of the Baltimore City Board of School Commissioners; altering the composition and purpose of the board; making the board responsible for functions assigned to it by the Chief Executive Officer of the board; repealing specified powers and functions of the board; requiring the Mayor to employ the Chief Executive Officer and establish a salary; requiring the board to establish a specified personnel system proposed by the Chief Executive Officer; etc. CONTINGENT – EFFECTIVE JULY 1, 2012; ED, Various Sections – amended; Assigned to: Ways and Means (Local) HB 210 – ST. MARY’S COUNTY – SCHOOL BUSES – LENGTH OF OPERATION (By St. Mary’s County Delegation) Extending to 15 years the period of time that a school vehicle may be operated in St. Mary’s County, subject to specified requirements. EFFECTIVE OCTOBER 1, 2012; ED, § 7-804 – amended; Assigned to: Environmental Matters (Local) HB 239/SB 320 - FREDERICK COUNTY BOARD OF EDUCATION – MEMBERSHIP AND EMPLOYMENT (Frederick County Delegation/Senator Young) Repealing a provision of law prohibiting specified individuals in Frederick County from being elected to or serving on the county board of education; and repealing a provision of law prohibiting specified individuals in Frederick County from being hired as an administrator or a teacher under specified circumstances. EFFECTIVE JULY 1, 2012; ED, § 3-5B-02 – repealed; Assigned to: Ways and Means/Senate Education, Health and Env. Affairs (Local) HB 245 - CHARLES COUNTY – SCHOOL BUSES – LENGTH OF OPERATION (By Charles County Delegation) Altering the length of time a school bus may be operated in Charles County. EFFECTIVE JULY 1, 2012; ED, § 7-804 – amended; Assigned to: Environmental Matters (Local) HB 304 - BALTIMORE CITY – SCHOOL CONSTRUCTION – BLOCK GRANT (By Delegate Haynes, et al) Requiring the State to provide a specified block grant each year to Baltimore City for public school construction projects; providing for the initial amount, the source of funding, and an annual increase in the amount of an annual block grant for school construction projects in Baltimore City; and authorizing the Baltimore City Board of Education to acquire, construct, reconstruct, equip, maintain, repair, or renovate facilities through another entity acting as its agent and to enter into contracts with entities for such purposes. This bill requires a mandated appropriation in the annual budget bill. EFFECTIVE JUNE 1, 2012; ED, §§ 4306.1(a) and 5-301(d) through (j) - amended and § 5-301(d) – added; Assigned to: Appropriations (Local) HB 342 - EDUCATION – REGIONAL SCHOOL OF THE ARTS FOR CECIL, KENT, AND QUEEN ANNE’S COUNTIES – FEASIBILITY STUDY (By Delegate Smigiel, et al) Requiring the State Department of Education, jointly with specified local boards of education, to study the feasibility of establishing a regional school of the arts for Cecil, Kent, and Queen Anne’s counties; requiring the State Superintendent of Schools to submit a report to the Governor and the General Assembly on or before December 31, 2012; and terminating the Act at the end of June 30, 2013. Preliminary analysis: local government mandate; EFFECTIVE JULY 1, 2012; Assigned to: Ways and Means (Local) HB 367 - ANNE ARUNDEL COUNTY BOARD OF EDUCATION – MEMBERS – INCREASE AND SELECTION (By Delegates Schuh and McConkey) Increasing the number of members of the Anne Arundel County Board of Education; requiring that the elected members of the county board be elected at a specified election; providing for the residency, the terms of office, and the filling of a vacancy of the elected members of the county board; authorizing the Anne Arundel County Board of Elections to adopt specified regulations; and making specified conforming changes. EFFECTIVE JULY 1, 2012; ED, §§ 3-110 and 3-114 – amended; Assigned to: Ways and Means (Local) HB 384 - BALTIMORE COUNTY PUBLIC SCHOOLS – ENROLLMENT AND TRANSFER – PARENTAL DECISION (By Delegate Olszewski, et al) Authorizing the parent or guardian of a student eligible for enrollment in Baltimore County public schools to decide to enroll the student in a public school other than the public school to which the student was assigned by the Baltimore County Board of Education, beginning in the 2013–2014 school year; requiring all public schools to be open to specified students on a space– available basis under specified circumstances; etc. EFFECTIVE OCTOBER 1, 2012; ED, § 4-109 amended and § 4-110 – added; Assigned to: Ways and Means (Local) 14 HB 481/SB 407 – BALTIMORE COUNTY – ELECTED SCHOOL BOARD (By Delegate Lafferty, et al/Senator Zirkin and Jennings) Establishing procedures for the election of the members of the Baltimore County Board of Education; repealing provisions governing the appointment of members of the county board; requiring members of the county board to reside in, be a registered voter in, and be elected from specified districts; establishing a term of office; providing for the removal of members and the appointment of a member to fill a vacancy; establishing a Baltimore County School Board Redistricting Commission; etc. Preliminary analysis: local government mandate; EFFECTIVE OCTOBER 1, 2012; ED, §§ 3-109 and 3-114 - amended and §§ 3-2A-01 through 3-2A-09 – added; Assigned to: Ways and Means/Education, Health and Env. Affairs (Local) HB 578/SB 906 – BALTIMORE CITY – SCHOOL FACILITIES – FUNDING (By Delegate Anderson/Senator Jones-Rodwell (By Request – Baltimore City Administration)) Authorizing specified bonds, notes, or other obligations used for specified purposes in connection with specified school facilities in Baltimore City to be payable from revenues and receipts from a specified beverage container tax or specified other revenues; prohibiting specified revenues and receipts from being irrevocably pledged in a specified manner; making the obligation to make specified payments from specified revenues and receipts subject to an annual appropriation by the Mayor and City Council of Baltimore City; etc. EFFECTIVE OCTOBER 1, 2012; The Charter of Baltimore City, Art. II, § (50)(f) – added; Assigned to: Appropriations/Budget & Taxation (Local) HB 660/SB 586 - EDUCATION – STATE AID – GRANT TO LIMIT DECREASES IN FUNDING (By Delegate Beitzel, et al/Senator Edwards) Requiring the State to provide a specified grant to a county board of education in specified fiscal years if specified funding provided to a county board decreases by a specified amount; and requiring a study on the adequacy of education funding to include the impact on State funding of declining enrollments in specified local school systems. This bill requires a mandated appropriation in the annual budget bill. EFFECTIVE JULY 1, 2012; ED, § 5-202(i) – amended; Assigned to: Ways and Means/Budget and Taxation (Local) HB 701 - MONTGOMERY COUNTY BOARD OF EDUCATION – STUDENT MEMBER – VOTING MC 9–12 (By Montgomery County Delegation) Authorizing the student member of the Montgomery County Board of Education to attend an executive session of the Board of Education that relates to a specified matter; and authorizing the student member of the Montgomery County Board of Education to vote on specified matters. EFFECTIVE JULY 1, 2012; ED, § 3-901(e) – amended; Assigned to: Ways and Means (Local) HB 802 - EDUCATION – PRINCE GEORGE’S COUNTY SCHOOL BOARD BUDGETS – TRANSPARENCY PG 410–12 (By Prince George’s County Delegation) Requiring a specified Web site of the Prince George’s County Board of Education to include specified budget data; and requiring the Web site to include annual data and to be searchable based on individual schools. Preliminary analysis: local government mandate; EFFECTIVE JULY 1, 2012; ED, § 5-118 – amended; Assigned to: Ways and Means (Local) HB 803 - PRINCE GEORGE’S COUNTY – BOARD OF EDUCATION – OPERATION OF SCHOOLS – YEAR–ROUND BASIS PG 405–12 (By Prince George’s County Delegation) Authorizing the Prince George’s County Board of Education to operate one or more schools within the county on a year–round basis under specified circumstances. EFFECTIVE JULY 1, 2012; ED, § 7-103 – amended; Assigned to: Ways and Means (Local) HB 805 - PRINCE GEORGE’S COUNTY BOARD OF EDUCATION – RECYCLING PROGRAM – SCHOOL FACILITIES PG 403–12 (By Prince George’s County Delegation) Requiring the Prince George’s County Board of Education to develop and implement a recycling program for all facilities under the jurisdiction of the county board; requiring the county board to address specified issues while developing a recycling program; and requiring the county board to submit a report including specified information to the Prince George’s County Delegation to the General Assembly on or before September 1, 2012, regarding the recycling program. EFFECTIVE JULY 1, 2012; ED, § 4-127 – added; Assigned to: Environmental Matters (Local) SB 22/HB 580 - ANNE ARUNDEL COUNTY – SCHOOL BOARD – MEMBERSHIP (By Senator Simonarie/Delegate McConkey) Requiring that members of the Anne Arundel County Board of Education be elected and appointed, as specified; repealing provisions relating to a retention election for specified 15 appointed members of the county board; establishing procedures for the election and appointment of members of the county board; providing for a nonpartisan election for specified members of the county board; providing for the termination of the terms of specified members of the county board; etc. EFFECTIVE OCTOBER 1, 2012; ED, §§ 3-108, 3-110, and 3-114 - amended and § 3-2A-01 – added; Assigned to: Education, Health, and Environmental Affairs/Ways and Means (Local) SB 99 - WICOMICO COUNTY – BOARD OF EDUCATION – SELECTION OF MEMBERS – STRAW BALLOT (By Senators Colburn and Mathias) Requiring that a question be placed on the ballot in Wicomico County at the November general election of 2012 to determine the sense of the voters of the County on the issue of changing the method of selecting members of the Wicomico County Board of Education; and providing for the carrying out of the straw ballot. Preliminary analysis: local government mandate; EFFECTIVE JULY 1, 2012; Assigned to: Education, Health, and Environmental Affairs (Local) SB 157 - BALTIMORE CITY – AGE FOR COMPULSORY PUBLIC SCHOOL ATTENDANCE – EXEMPTION (By Senator Pugh, et al) Increasing the age for compulsory public school attendance in Baltimore City to be until 18 years old; requiring specified parents or guardians of children of ages 16 or 17 to provide written consent before the children may withdraw from public school attendance; requiring a county superintendent, a school principal, or another specified school official to provide a specified written notification under specified circumstances; etc. Preliminary analysis: local government mandate; EFFECTIVE JULY 1, 2012; ED, § 7-301(a)(1) - amended and § 7-301.1 – added; Assigned to: Education, Health, and Environmental Affairs (Local) SB 242/HB 621 – BALTIMORE CITY – EDUCATION – PUBLIC SCHOOL FACILITIES AND CONSTRUCTION BOND AUTHORITY (By Senator Jones–Rodwell, et al/Delegate Anderson) Altering the maximum aggregate principal amount of school construction bonds that the Baltimore City Board of School Commissioners may issue. EFFECTIVE JUNE 1, 2012; ED, § 4-306.2(b) – amended; Assigned to: Budget and Taxation/Appropriations (Local) SB 257/HB 185 - EDUCATION – TALBOT COUNTY – PARTICIPATION IN HIGH SCHOOL ATHLETIC PROGRAMS (By Senator Colburn) Allowing specified students to participate in interscholastic athletic activities in another public high school in Talbot County if that athletic activity is not offered at the public secondary school in the student’s geographical attendance area. EFFECTIVE JUNE 1, 2012; ED, § 4-127 – added; Assigned to: Education, Health, and Environmental Affairs (Local) SB 327 - BALTIMORE CITY – 45TH LEGISLATIVE DISTRICT – LIQUOR STORES – PREMISES NEAR PLACES OF WORSHIP OR SCHOOLS (By Senator McFadden) Increasing the distance that liquor stores in a specified legislative district in Baltimore City are required to be from places of worship or schools; etc. EFFECTIVE JULY 1, 2012; Art. 2B, § 9-204.3 – amended; Assigned to: Education, Health, and Environmental Affairs (Local) SB 388 - CARROLL AND HOWARD COUNTIES – WORKERS’ COMPENSATION – STUDENTS IN UNPAID WORK–BASED LEARNING EXPERIENCES (By Senator Kittleman, et al) Authorizing the boards of education in Carroll County and Howard County to waive the requirement that a participating employer reimburse the county for the cost of specified workers’ compensation insurance coverage for students placed in unpaid work–based learning experiences. EFFECTIVE JULY 1, 2012; ED, § 7-114 – amended; Assigned to: Finance (Local) SB 533 - BALTIMORE CITY – SCHOOL CONSTRUCTION – BLOCK GRANT (By Senator Jones–Rodwell, et al) Requiring the State to provide a specified block grant each year to Baltimore City for public school construction projects; providing for the initial amount, the source of funding, and an annual increase in the amount of an annual block grant for school construction projects in Baltimore City; and authorizing the Baltimore City Board of School Commissioners to acquire, construct, reconstruct, equip, maintain, repair, or renovate facilities through another entity acting as its agent and to enter into contracts with entities for such purposes. This bill requires a mandated appropriation in the annual budget bill. EFFECTIVE JUNE 1, 2012; ED, §§ 4-306.1(a) and 5-301(d) through (j) - amended and § 5-301(d) – added; Assigned to: Budget and Taxation (Local) 16 SB 660 - CARROLL COUNTY – BOARD OF EDUCATION – SELECTION OF STUDENT MEMBER (By Carroll County Senators) Altering the composition of the Carroll County Board of Education to include a nonvoting student member; establishing the qualifications, selection process, and term of the student member; prohibiting the student member from attending an executive session of the county board except under specified circumstances; and making conforming changes. EFFECTIVE JULY 1, 2012; ED, § 3-401 – amended; Assigned to: Education, Health, and Environmental Affairs (Local) SB 721 - TASK FORCE ON CLIMATE CONTROL IN PUBLIC SCHOOLS IN BALTIMORE COUNTY(By Senator Zirkin) Establishing the Task Force on Climate Control in Public Schools in Baltimore County; providing for the composition, chairs, and staffing of the Task Force; requiring the Task Force to study and make recommendations regarding specified matters; requiring the Task Force to report its findings and recommendations to specified entities on or before July 1, 2013; and providing for the termination of the Act. EFFECTIVE JULY 1, 2012; Assigned to: Budget and Taxation (Local) SB 816 - HARFORD COUNTY BOARD OF EDUCATION – STUDENT MEMBER – VOTING RIGHTS (By Harford County Senators) Providing that the student member of the Harford County Board of Education has specified rights and privileges; and prohibiting the student member from voting on or participating in specified matters. EFFECTIVE JULY 1, 2012; ED, § 3-6A-01(b) - amended and § 3-6A-01.1 – added; Assigned to: Education, Health, and Environmental Affairs (Local) SB 853 - BALTIMORE COUNTY – PUBLIC SCHOOL EMPLOYEES – COLLECTIVE BARGAINING UNITS (By Senator Klausmeier) Altering the definition of “public school employee” as it relates to provisions that relate to collective bargaining units of employees in Baltimore County; altering the composition of a unit of supervisory employees in Baltimore County; and establishing a unit of supervisory employees in Baltimore County. EFFECTIVE JULY 1, 2013; ED, §§ 6-401(e), 6-404(c), and 6-505(c) – amended; Assigned to: Finance (Local) 17
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