DISCUSSION/ACTION
2.2
MONTGOMERY COUNTY BOARD OF EDUCATION
Rockville, Maryland
March 12, 2013
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 October 22, 2012. 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). The complete update is on the web at
http://www.mabe.org/wp-content/uploads/2013/02/2-25-13-GreenSheet.pdf
Bills with Recommended Positions (Attachment A)
Collective Bargaining
SB0422/HB667
Public School Employees - Collective Bargaining - Representation Fees
http://mgaleg.maryland.gov/2013RS/bills/sb/sb0422F.pdf
College Readiness
SB740/SB833
College Readiness and Completion Act of 2013
http://mgaleg.maryland.gov/2013RS/bills/sb/sb0740F.pdf
HB1288
Accountability in Education Act of 2013
http://mgaleg.maryland.gov/2013RS/bills/hb/hb1288F.pdf
Fiscal
HB1026
Education - Public School Funding - Calculation
http://mgaleg.maryland.gov/2013RS/bills/hb/hb1026F.pdf
Members of the Board of Education
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March 12, 2013
Bills with Recommended Positions (Attachment A)
Fiscal
SB958/HB1474
Education - State Funding - Operating and Capital Funds
http://mgaleg.maryland.gov/2013RS/bills/sb/sb0958F.pdf
Other
HB0875
Education - Public Schools - Parent Empowerment
http://mgaleg.maryland.gov/2013RS/bills/hb/hb0875F.pdf
Reporting
HB926
County Boards of Education – Spending – Reporting Requirement
http://mgaleg.maryland.gov/2013rs/bills/hb/hb0926f.pdf
Students
HB1441
Extracurricular Activities-Students Not Enrolled in Public School (Fairness for All Children Act)
http://mgaleg.maryland.gov/2013RS/bills/hb/hb1441F.pdf
Special Education
SB691/HB1286
Education - Due Process Hearings for Children with Disabilities - Burden of Proof
http://mgaleg.maryland.gov/2013RS/bills/sb/sb0691F.pdf
Bills Consistent with Platform (Attachment B)
Fiscal
HB1033
Education - Taxpayers' Savings Act
http://mgaleg.maryland.gov/2013RS/bills/hb/hb1033F.pdf
Curriculum
HB1417
Public Schools - Cardiopulmonary Resuscitation and Automated External Defibrillator Instruction Graduation Requirement
http://mgaleg.maryland.gov/2013RS/bills/hb/hb1417F.pdf
Calendar
HB1462
Task Force to Study a Later Starting Time for Maryland Public Schools
http://mgaleg.maryland.gov/2013RS/bills/hb/hb1462F.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.
Attachments
Recommended Positions on Proposed Legislation
Attachment A
Collective Bargaining
SB422/HB667
Sponsor
Sponsor
Public School Employees - Collective Bargaining - Representation Fees
Senators Pugh, Benson, Conway, Currie, Ferguson, Forehand, Frosh,
Garagiola, Gladden, Kelley, King, Klausmeier, Madaleno, Manno, McFadden,
Montgomery, Peters, Pinsky, Ramirez, Robey, Rosapepe, Stone, and Young
Delegates Hixson, Arora, Barkley, Barve, Bobo, Cane, Carr, Clagett, Cullison,
DeBoy, Feldman, Frick, Gilchrist, Gutierrez, Guzzone, Healey, Howard,
Hubbard, Hucker, Ivey, Kaiser, Kramer, Lafferty, Luedtke, Malone, McHale,
McIntosh, Minnick, Mizeur, Morhaim, Murphy, Nathan-Pulliam, Niemann,
Pendergrass, Proctor, Reznik, B. Robinson, Rosenberg, Stein, Stukes, F.
Turner, Valderrama, Vallario, Vaughn, Waldstreicher, M. Washington, Weir,
and Zucker
Synopsis
FOR the purpose of requiring public school employers to negotiate with certain employee organizations
designated as the exclusive representatives for the public school employees a certain service or
representation fee to be charged to nonmembers; providing a certain exception and requirement for
noncertificated employees whose religious beliefs are opposed to joining or financially supporting a
collective bargaining organization; requiring the exclusive representative to establish and maintain a
certain procedure; requiring the public school employer to deduct a certain fee from the earnings of
nonmember employees in accordance with a certain schedule; excluding certain negotiated fees from
certain requirements and further negotiations; and generally relating to representation fees for public
school employees.
Analysis
This bill would require, as a mandatory subject of bargaining, that each local board of education negotiate
the terms of a representation or agency fee to be paid by all non-member school employees to the
employee organization representing their respective bargaining unit. Additionally, it authorizes the
automated collection of that fee.
An agency fee has already been negotiated in Montgomery County. The automatic deduction of the fee
without the need for an employee deduction authorization from each individual employee would add
efficiency. However, MCPS has difficulty filling Home and Hospital positions, especially those requiring
a special education background. Requiring Home and Hospital teachers to pay the representation fee
could have an unintended effect of making recruitment more difficult; those positions should be excluded
from paying the fee.
Recommendation: Support with Amendment
Recommended Positions on Proposed Legislation
College Readiness
SB740/HB833
Sponsor
Sponsor
College Readiness and Completion Act of 2013
Senators Pinsky and Madaleno
Delegates Kaiser and Bohanan
Synopsis
FOR the purpose of requiring the State Department of Education to establish certain mathematics course
requirements for certain students; requiring students to enroll in a college preparation curriculum except
in a certain circumstance; requiring the Department to make a certain assessment of all students in the
11th grade by a certain school year; requiring the Department, in collaboration with a certain association,
to develop and implement certain courses for the 11th grade by a certain school year; requiring the
Commission, in collaboration with certain institutions of higher education, to develop and implement a
certain course numbering system and certain credit transfer agreements by certain dates; requiring the
Commission, in collaboration with certain institutions of higher education, to create a certain statewide
communication campaign to identify certain individuals; requiring the Commission to develop and
implement a certain incentive plan for certain individuals and certain institutions of higher education;
requiring certain students to file a degree plan with certain institutions of higher education by a certain
time; requiring a degree plan to be developed in consultation with a student’s certain academic advisor;
requiring certain institutions of higher education to develop and implement certain block scheduling for
certain students; requiring certain institutions of higher education to consider implementing certain block
scheduling; establishing a standard number of credits required for certain degrees at certain institutions of
higher education except under certain circumstances; prohibiting certain institutions of higher education
from charging dually enrolled students tuition; requiring each county board of education to provide a
certain amount of funding to certain institutions of higher education for dually enrolled students;
authorizing county boards to charge a student activities fee to dually enrolled students not to exceed a
certain amount; requiring a county board to consider certain information when setting fees; requiring the
county board to waive a certain fee for certain students; etc.
Analysis
This is a wide ranging bill that seeks to ensure Maryland has a well trained work force. The bill ties
together efforts to ensure students are college ready with those that ensure students complete college
prepared to enter the workforce.
With regard to K-12, the bill requires all students be enrolled in a college prep curriculum, unless a parent
authorizes otherwise; be assessed for college readiness in 11th grade; and, to receive a diploma, be
required to take 4 credits of “non-trivial” math while enrolled in high school. MSDE, in collaboration
with public community colleges, is required to develop and implement transition courses or other
instructional opportunities to be delivered in the 12th grade to students who have not achieved college
readiness by the end of the 11th grade. Additionally, it mandates that local school systems pay the tuition
for students dually enrolled in public higher education institutions.
The goal of this bill is laudable. However, the complexity of the issues and the timing of implementation
must be carefully reviewed so that the intended outcome is achieved. To that end, it would be prudent to
create a task force that could thoroughly review the proposed actions and ensure alignment with other
education reforms, including implementation of the Common Core Standards and associated assessments.
Recommendation: Support with Amendment
Recommended Positions on Proposed Legislation
College Readiness
HB1288
Sponsor
Accountability in Education Act of 2013
Delegates Stocksdale, Aumann, Bates, Boteler, Frank, and Wood
Synopsis
FOR the purpose of requiring a county board of education to pay a public institution of higher education
a certain percent of certain tuition and fees for noncredit remedial education courses under certain
circumstances; prohibiting a public institution of higher education from charging certain students more
than a certain amount for noncredit remedial education courses; generally relating to the tuition and
mandatory fees for enrollment in noncredit remedial education courses, etc.
Analysis
This bill requires a local board of education pay 50% of the tuition cost for any of its graduate required to
take a noncredit remedial course in a Maryland public institution of higher education.
Placement into a noncredit remedial education course is determined solely by assessments used at public
institutions of higher education. These assessments may not align with those approved for use by the
state at the secondary level nor is there any certainty that college placement assessments are associated
with the state’s criteria for high school graduation.
Recommendation: Oppose
Fiscal
HB1026
Sponsor
Education - Public School Funding - Calculation
Delegate Clagett
Synopsis
FOR the purpose of altering the definition of “full–time equivalent enrollment” in the calculation for
certain State aid for education; requiring that public schools be funded based on a certain calculation of
pupil attendance at certain times during the school year; requiring that State aid for education be weighted
in a certain manner; providing for the application of this Act; and generally relating to the calculation of
public school funding.
Analysis
Currently, state aid is calculated based on September 30 enrollment. This bill would add enrollment as of
March 31 for purposes of calculating state aide. Using two dates would complicate budgeting and make it
extraordinarily difficult. It would add even more uncertainty regarding state aid just at the time the budget
is being developed. In fact, state aid, under this approach, would not be known until after the Maryland
General Assembly approves the state budget.
Recommendation: Oppose
Recommended Positions on Proposed Legislation
Fiscal
SB958/HB1474
Sponsor
Sponsor
Education - State Funding - Operating and Capital Funds
Senator Madaleno
Delegates Luedtke, Anderson, Frick, and Ivey
Synopsis
Establishing the rate by which the target per pupil foundation amount is increased in specified fiscal
years; requiring that the county boards of education receive a specified grant; and establishing the State
goal to provide at least $350,000,000 in each fiscal year to fund public school construction or capital
improvement costs.
Analysis
This bill makes the Geographic Cost of Education Index (GCEI) a statutory requirement, reinstates the
original Cost-of-Living Adjustment language for the foundation formula, and removes the one percent
inflation factor cap in FY 2015, one year ahead of schedule. The bill would also establish an annual goal
of at least $350M to fund public school construction or capital improvement costs. Making GCEI a
statutory requirement and not discretionary would ensure, no matter the economic conditions, that it be a
part of state education aid every year. Full funding of the Bridge to Excellence Act of 2002, including
GCEI and the annual inflation factor, is needed to sustain successful programs and services for our
students.
Recommendation: Support
Other
HB0875
Sponsor
Education - Public Schools - Parent Empowerment
Delegates Bates, Afzali, Aumann, Boteler, Dwyer, Eckardt, Elliott, George, Hough,
Kipke, Krebs, McComas, McDonough, Oaks, Otto, Ready, B. Robinson, Schulz,
Stocksdale, Stukes, Szeliga, Vitale, and Wood
Synopsis
FOR the purpose of authorizing certain parents and legal guardians of students attending public schools
that are not meeting State accountability goals 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; etc.
Analysis
The No Child Left Behind Act of 2001 (NCLB) established a framework evaluating school performance,
with specified actions required of the State and local school districts in the event of a school or system
failure to meet benchmarks. In 2011, the State of Maryland applied for a waiver of the NCLB, and
received approval to implement accountability measures to hold schools accountable for student
performance, recognize gaps, and needs in instruction or other supports, and to aid schools in achieving
academic goals. Passage of this bill would undermine the progress made under the State waiver, and
create a punitive rather than collaborative atmosphere around student achievement.
Recommendation: Oppose
Recommended Positions on Proposed Legislation
Reporting
HB926
Sponsor
County Boards of Education – Spending – Reporting Requirement
Delegate Olszewski
Synopsis
FOR the purpose of requiring each county board of education to provide a report to the State Department
of Education by certain dates on the amount of State, local, and federal funds spent per student for certain
students at each school; requiring the Department to submit a certain report to the General Assembly by
certain dates; stating the intent of the General Assembly; and generally relating to the amount of per
student spending by each county board.
Analysis
This bill requires boards of education to report federal, state, and local per-student funding for the number
of students that qualified for funding for compensatory education, limited English proficiency, special
education, magnet students, and all other students. Maryland requires a uniform method of reporting
receipts, expenditures, and balances of the operations and activities of the public schools. Federal, state,
and local funding that MCPS received is not tracked by school and by student. Changing budgeting and
accounting systems to meet the intent of this legislation would be an onerous requirement.
Recommendation: Oppose
Students
HB1441
Sponsor
Public Schools - Extracurricular Activities - Students Not Enrolled in Public School
(Fairness for All Children Act)
Delegates Hough, Ready, Boteler, Cluster, Hershey, Hogan, Impallaria, Jacobs, Otto,
Parrott, and Szeliga
Synopsis
FOR the purpose of authorizing a public school to allow students not enrolled in the public school to
participate in certain extracurricular activities under certain circumstances; defining a certain term; and
generally relating to allowing participation in extracurricular activities sponsored by public schools.
Analysis
This bill would allow students to participate in extracurricular activities at a Maryland public high school
even though the student does not attend that high school though is eligible to attend.
Extracurricular activities supplement the mission of the school and school system. This goal is mitigated
if students who do not attend the school or school system are allowed to participate. Allowing students
who do not attend the school to participate in extracurricular activities denies students who attend the
school opportunities to participate. Furthermore, public school students are held to specific eligibility
standards, including grades, attendance, tardiness, and behavior. Allowing students who attend private
schools to participate in public school extracurricular activities relieves the private school of the burden—
financial and otherwise—of sponsoring extracurricular programs. There are numerous participation
opportunities beyond public high schools, including community-based teams and organizations. School
teams and activities should be reserved for students in the school.
Recommendation: Oppose
Recommended Positions on Proposed Legislation
Special Education
SB691/HB1286
Sponsor
Sponsors
Education-Due Process Hearings for Children with Disabilities-Burden of Proof
Senators Montgomery and Benson
Delegates Carr and Braveboy
Synopsis
FOR the purpose of requiring certain public agencies to bear a certain burden of proof in due process
hearings that are held to resolve a dispute relating to the provision of a free appropriate public education
to children with disabilities; and generally relating to the burden of proof in certain due process hearings.
Analysis
This bill would require school systems to bear the burden of proof in special education due process
hearings.
Congress has never explicitly stated which party should bear the burden of proof at IDEA hearings. In
other words, the law is silent with regards to which party bears the burden of proof. As such, longstanding legal precedent requires the party seeking relief to bear the burden of proof. In Shaffer v. Weast
(2005), the Supreme Court confirmed this legal precedent and determined that the burden of proof in an
administrative hearing challenging an Individualized Education Program (IEP) is properly placed upon
the party seeking relief. The proposed legislation would result in the presumption that all IEPs developed
for students with disabilities in the state of Maryland are invalid and would likely increase the number of
mediations and hearings filed due to the presumption of an invalid IEP.
In 2011–2012 school year, there were 17,444 students receiving special education and related services in
MCPS. However, there were only 128 filings for mediation and due process. Of these, approximately 81
percent of the cases were successfully mediated in part due to improvements in the continuum of services
available for students with disabilities in MCPS, as well as outreach efforts and the successful use of the
mediation and resolution processes, along with professional development for staff related to instruction
and compliance
MCPS continues to focus efforts on ensuring that a full continuum of services is available for students
with disabilities, in both public and non-public schools.
Recommendation: Oppose
SENATE BILL 422
P4
3lr1604
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By: Senators Pugh, Benson, Conway, Currie, Ferguson, Forehand, Frosh,
Garagiola, Gladden, Kelley, King, Klausmeier, Madaleno, Manno,
McFadden, Montgomery, Peters, Pinsky, Ramirez, Robey, Rosapepe,
Stone, and Young
Introduced and read first time: January 28, 2013
Assigned to: Finance
A BILL ENTITLED
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AN ACT concerning
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Public School Employees – Collective Bargaining – Representation Fees
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FOR the purpose of requiring public school employers to negotiate with certain
employee organizations designated as the exclusive representatives for the
public school employees a certain service or representation fee to be charged to
nonmembers; providing a certain exception and requirement for noncertificated
employees whose religious beliefs are opposed to joining or financially
supporting a collective bargaining organization; requiring the exclusive
representative to establish and maintain a certain procedure; requiring the
public school employer to deduct a certain fee from the earnings of nonmember
employees in accordance with a certain schedule; excluding certain negotiated
fees from certain requirements and further negotiations; and generally relating
to representation fees for public school employees.
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BY repealing and reenacting, with amendments,
Article – Education
Section 6–407(c) and 6–504
Annotated Code of Maryland
(2008 Replacement Volume and 2012 Supplement)
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BY repealing
Article – Education
Section 6–407(d), (e), and (f)
Annotated Code of Maryland
(2008 Replacement Volume and 2012 Supplement)
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BY adding to
Article – Education
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0422*
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SENATE BILL 422
Section 6–407(d)
Annotated Code of Maryland
(2008 Replacement Volume and 2012 Supplement)
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
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Article – Education
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6–407.
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(c)
(1)
[In Montgomery County, Prince George’s County, Baltimore
County, Baltimore City, and Howard County, the] THE public school employer [may]
SHALL negotiate with the employee organization designated as the exclusive
representative for the public school employees in a unit, a REQUIRED reasonable
service or representation fee, to be charged nonmembers for representing them in
negotiations, contract administration, including grievances, and other activities as are
required under subsection (b) of this section.
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(2)
The service or representation fee may not exceed the annual dues
of the members of the organization.
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(3)
An employee who is a substitute teacher and who works on a
short–term day–to–day basis is not required to pay a service or representation fee.
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(4)
An employee whose religious beliefs are opposed to joining or
financially supporting any collective bargaining organization is:
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(i)
Not required to pay a service or representation fee; and
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(ii)
Required to pay an amount of money as determined in
paragraph (2) of this subsection to a nonreligious, nonunion charity or to such other
charitable organization as may be mutually agreed upon by the employee and the
exclusive representative, and who furnishes to the public school employer and the
exclusive representative written proof of such payment.
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[(5) (i)
In Baltimore County, the provisions of this subsection shall
apply only to employees who are hired on or after July 1, 1997.
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(ii)
The provisions of this paragraph apply if an agency or
representation fee is negotiated in Baltimore County.
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(iii) 1.
Subject to the provisions of subsubparagraph 2 of this
subparagraph, the employee organization designated as the exclusive representative
for the public school employees shall indemnify and hold harmless the Board of
Education of Baltimore County against any and all claims, demands, suits, or any
SENATE BILL 422
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other forms of liability that may arise out of, or by reason of, action taken by the board
for the purpose of complying with any of the agency or representation fee provisions of
the negotiated agreement.
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2.
The board shall retain without charge to the board the
services of counsel that are designated by the exclusive representative with regard to
any claim, demand, suit, or any other liability that may arise out of, or by reason of,
action taken by the board for the purpose of complying with any of the agency or
representation fee provisions of the negotiated agreement.
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(iv) The employee organization designated as the exclusive
representative shall submit to the board an annual audit from an external auditor
that reflects the operational expenses of the employee organization and explains how
the representation fee is calculated based on the audit.
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(v)
1.
The agency or representation fee shall be based only
on the expenses incurred by the employee organization in its representation in
negotiations, contract administration, including the handling of grievances, and other
activities, as required under this section.
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2.
Any political activities of the employee organization
designated as the exclusive representative may not be financed by the funds collected
from the agency or representation fee.]
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(5)
THE EXCLUSIVE REPRESENTATIVE SHALL ESTABLISH AND
MAINTAIN A PROCEDURE THAT PROVIDES NONMEMBERS WITH:
(I)
AN ADEQUATE EXPLANATION OF THE BASIS FOR THE
SERVICE OR REPRESENTATION FEE; AND
(II)
AN OPPORTUNITY TO CHALLENGE THE AMOUNT OF THE
FEE.
[(6)
In Montgomery County, an employee who is a home or hospital
teacher and who works on a short–term day–to–day basis is not required to pay a
service or representation fee.]
(6)
THE PUBLIC SCHOOL EMPLOYER SHALL:
(I)
DEDUCT THE SERVICE OR REPRESENTATION FEE FROM
THE EARNINGS OF THE NONMEMBER EMPLOYEES IN ACCORDANCE WITH A
SCHEDULE PROVIDED BY THE EXCLUSIVE REPRESENTATIVE; AND
(II)
PROMPTLY TRANSMIT THE AMOUNT DEDUCTED TO THE
EXCLUSIVE REPRESENTATIVE.
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SENATE BILL 422
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[(d) (1)
In Allegany County, Calvert County, Charles County, Garrett
County, and Washington County, the public school employer may negotiate with the
employee organization designated as the exclusive representative for the public school
employees in a unit, a reasonable service or representation fee, to be charged
nonmembers for representing them in negotiation, contract administration, including
grievances, and other activities specified under subsection (b) of this section.
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(2)
In Charles County, the provisions of this subsection shall apply
only to employees who are hired on or after July 1, 2005.
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(e)
In Garrett County:
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(1)
A public school employee who is not a member of the employee
organization designated as the exclusive representative for the public school
employees in a unit at the time that a negotiated service or representation fee is
initiated is exempt from the fee provided under subsection (d) of this section; and
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(2)
An individual who becomes a public school employee after the time
that a negotiated service or representation fee is initiated and does not join the
employee organization designated as the exclusive representative is liable for the fee
provided under subsection (d) of this section.
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(f)
In Anne Arundel County:
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(1)
The public school employer may negotiate with the employee
organization designated as the exclusive representative for the public school
employees in a unit, a reasonable service or representation fee to be charged
nonmembers for representing them in negotiations, contract administration, including
grievances, and other activities as are required under subsection (b) of this section.
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(2)
(i)
Subject to the provisions of subparagraph (ii) of this
paragraph, the employee organization designated as the exclusive representative for
the public school employees shall indemnify and hold harmless the Anne Arundel
County Board of Education against any and all claims, demands, suits, or any other
forms of liability that may arise out of, or by reason of, action taken by the board for
the purpose of complying with any of the agency or representation fee provisions of the
negotiated agreement.
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(ii)
The board shall retain without charge to the board the
services of counsel that are designated by the exclusive representative with regard to
any claim, demand, suit, or any other liability that may arise out of, or by reason of,
action taken by the board for the purpose of complying with any of the agency or
representation fee provisions of the negotiated agreement.
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(3)
The employee organization designated as the exclusive
representative shall submit to the Anne Arundel County Board of Education an
SENATE BILL 422
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annual audit from an external auditor that reflects the operational expenses of the
employee organization and explains how the service or representation fee is calculated
based on the audit.
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(4)
(i)
The service or representation fee shall be based only on the
expenses incurred by the employee organization in its representation in negotiations,
contract administration, including grievances, and other activities under this section.
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(ii)
Political activities of the employee organization designated
as the exclusive representative may not be financed with the funds collected from the
service or representation fee.
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(5)
An employee whose religious beliefs are opposed to joining or
financially supporting any collective bargaining organization is:
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(i)
Not required to pay a service or representation fee; and
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(ii)
Required to pay an amount of money as determined under
paragraph (1) of this subsection to a nonreligious, nonunion charity or to another
charitable organization that is mutually agreed upon by the employee and the
exclusive representative, and who furnishes to the public school employer and the
exclusive representative written proof of the payment.
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(6)
Any negotiated agreement that includes a representation fee also
shall contain a provision that requires that an amount of revenue equal to 25% of the
annual representation fees collected and maintained by the local bargaining
representative be designated for professional development for represented educators.
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(7)
This subsection shall apply only to employees who are hired on or
after October 1, 2004.]
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(D)
IN A COUNTY IN WHICH A SERVICE OR REPRESENTATION FEE HAS
BEEN NEGOTIATED BEFORE JULY 1, 2013, THE FEE SHALL BE IMPLEMENTED
UNDER THE PROVISIONS OF THE AGREEMENT NEGOTIATED BEFORE JULY 1,
2013, AND CONSISTENT WITH THE REQUIREMENTS OF THIS SECTION WITHOUT
THE NEED FOR FURTHER NEGOTIATIONS.
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6–504.
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(a)
A public school employee may refuse to join or participate in the activities
of employee organizations.
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(b)
(1)
[In Montgomery County, Allegany County, Charles County, and
Howard County, the county board] THE PUBLIC SCHOOL EMPLOYER, with respect to
noncertificated employees, shall negotiate a structure of REQUIRED reasonable
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SENATE BILL 422
service OR REPRESENTATION fees to be charged nonmembers for representation in
negotiations and grievance matters by employee organizations.
[(2)
In Charles County, the provisions of this subsection shall apply
only to employees hired on or after July 1, 2005.]
(2)
AN EMPLOYEE WHOSE RELIGIOUS BELIEFS ARE OPPOSED TO
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JOINING OR FINANCIALLY
ORGANIZATION IS:
SUPPORTING
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(I)
NOT
REPRESENTATION FEE; AND
REQUIRED
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ANY
COLLECTIVE
TO
PAY
A
BARGAINING
SERVICE
OR
(II)
REQUIRED TO PAY AN AMOUNT OF MONEY THAT IS
EQUAL TO THE SERVICE OR REPRESENTATION FEE TO A NONRELIGIOUS,
NONUNION CHARITY OR TO SUCH OTHER CHARITABLE ORGANIZATION AS MAY
BE MUTUALLY AGREED UPON BY THE EMPLOYEE AND THE EMPLOYEE
ORGANIZATION, AND WHO FURNISHES TO THE PUBLIC SCHOOL EMPLOYER AND
THE EMPLOYEE ORGANIZATION WRITTEN PROOF OF THE PAYMENT.
[(c)
In Prince George’s County, the county board shall negotiate an
organizational security provision, commonly known as “agency shop”, with employee
organizations.]
(C)
THE EMPLOYEE ORGANIZATION SHALL ESTABLISH AND MAINTAIN A
PROCEDURE THAT PROVIDES NONMEMBERS WITH:
(I)
AN ADEQUATE EXPLANATION OF THE BASIS FOR THE
SERVICE OR REPRESENTATION FEE; AND
(II)
AN OPPORTUNITY TO CHALLENGE THE AMOUNT OF THE
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FEE.
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[(d) (1)
In Anne Arundel County, Baltimore County, and Garrett County,
the county board, with respect to noncertificated employees, may negotiate a structure
of reasonable service fees to be charged nonmembers for representation in negotiations
and grievance matters by employee organizations.
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(2)
In Anne Arundel County, if the county board negotiates a structure
of fees as authorized under this subsection:
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(i)
Each party shall:
1.
Confer in good faith, at all reasonable times; and
SENATE BILL 422
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the negotiations; and
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any concession.
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(3)
(i)
The provisions of this paragraph apply if an agency or
representation fee is negotiated in Baltimore County.
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(ii)
1.
Subject to the provisions of subsubparagraph 2 of this
subparagraph, the employee organization designated as the exclusive representative
for the public school employees shall indemnify and hold harmless the Board of
Education of Baltimore County against any and all claims, demands, suits, or any
other forms of liability that may arise out of, or by reason of, action taken by the board
for the purpose of complying with any of the agency or representation fee provisions of
the negotiated agreement.
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2.
The board shall retain without charge to the board the
services of counsel that are designated by the exclusive representative with regard to
any claim, demand, suit, or any other liability that may arise out of, or by reason of,
action taken by the board for the purpose of complying with any of the agency or
representation fee provisions of the negotiated agreement.
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(iii) The employee organization designated as the exclusive
representative shall submit to the board an annual audit from an external auditor
that reflects the operational expenses of the employee organization and explains how
the representation fee is calculated based on the audit.
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(iv) 1.
The agency or representation fee shall be based only
on the expenses incurred by the employee organization in its representation in
negotiations, contract administration, including the handling of grievances, and other
activities as required under § 6–509 of this subtitle; and
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2.
Any political activities of the employee organization
designated as the exclusive representative may not be financed by the funds collected
from the agency or representation fee.
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(4)
In Garrett County, if a noncertificated employee was not a public
school employee at the time that a service fee under paragraph (1) of this subsection
was initiated, the noncertificated employee may not be charged a service fee.]
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2.
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(ii)
(D)
Reduce to writing the matters agreed on as a result of
Neither party is required to agree to any proposal or to make
THE PUBLIC SCHOOL EMPLOYER SHALL:
(I)
DEDUCT THE SERVICE OR REPRESENTATION FEE FROM
THE EARNINGS OF THE NONMEMBER EMPLOYEES IN ACCORDANCE WITH A
SCHEDULE PROVIDED BY THE EMPLOYEE ORGANIZATION; AND
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SENATE BILL 422
(II)
PROMPTLY TRANSMIT THE AMOUNT DEDUCTED TO THE
EMPLOYEE ORGANIZATION.
[(e)
In Baltimore City, the public school employer shall negotiate with the
employee organization designated as the exclusive representative for the public school
employees in a unit, a reasonable service or representation fee to be charged to
nonmembers for representing them in negotiations in the same manner that any such
fee was permitted under law and bargained for prior to January 1, 1997.]
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(E)
IN A COUNTY IN WHICH A SERVICE OR REPRESENTATION FEE HAS
BEEN NEGOTIATED BEFORE JULY 1, 2013, THE FEE SHALL BE IMPLEMENTED
UNDER THE PROVISIONS OF THE AGREEMENT NEGOTIATED BEFORE JULY 1,
2013, AND CONSISTENT WITH THE REQUIREMENTS OF THIS SECTION WITHOUT
THE NEED FOR FURTHER NEGOTIATIONS.
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2013.
SENATE BILL 740
F2, F1
3lr2296
CF 3lr2364
By: Senators Pinsky and Madaleno
Introduced and read first time: February 1, 2013
Assigned to: Education, Health, and Environmental Affairs and Budget and Taxation
A BILL ENTITLED
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AN ACT concerning
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College Readiness and Completion Act of 2013
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FOR the purpose of requiring the State Department of Education to establish certain
mathematics course requirements for certain students; requiring students to
enroll in a college preparation curriculum except in a certain circumstance;
requiring the Department to make a certain assessment of all students in the
11th grade by a certain school year; requiring the Department, in collaboration
with a certain association, to develop and implement certain courses for the
12th grade by a certain school year; stating certain goals of the State; stating a
certain duty of the Maryland Higher Education Commission; requiring the
Commission, in collaboration with certain institutions of higher education, to
develop and implement a certain course numbering system and certain credit
transfer agreements by certain dates; requiring the Commission, in
collaboration with certain institutions of higher education, to create a certain
statewide communication campaign to identify certain individuals; requiring
the Commission to develop and implement a certain incentive plan for certain
individuals and certain institutions of higher education; requiring the
Commission to submit a certain report by a certain date; requiring certain
students to file a degree plan with certain institutions of higher education by a
certain time; requiring a degree plan to be developed in consultation with a
student’s certain academic advisor; requiring certain institutions of higher
education to develop and implement certain block scheduling for certain
students; requiring certain institutions of higher education to consider
implementing certain block scheduling; requiring certain institutions of higher
education to provide certain financial assistance to certain students;
establishing a standard number of credits required for certain degrees at certain
institutions of higher education except under certain circumstances; authorizing
the Commission to establish additional exceptions to the standard number of
credits required for certain degrees; clarifying eligibility for a certain grant
program for certain students; prohibiting certain institutions of higher
education from charging dually enrolled students tuition; requiring each county
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0740*
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SENATE BILL 740
board of education to provide a certain amount of funding to certain institutions
of higher education for dually enrolled students; authorizing county boards to
charge a student activities fee to dually enrolled students not to exceed a certain
amount; requiring a county board to consider certain information when setting
fees; requiring the county board to waive a certain fee for certain students;
requiring the Governor’s P–20 Leadership Council of Maryland to monitor
implementation of certain college strategies; requiring the Council to submit
certain reports by certain dates; requiring the Department to develop, in
consultation with certain institutions of higher education, a certain plan to
improve college and career counseling; requiring the Department to submit a
certain report by a certain date; requiring the Commission to submit certain
data to the Department of Legislative Services by certain dates; defining certain
terms; and generally relating to college readiness and college completion in the
State.
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BY repealing and reenacting, without amendments,
Article – Education
Section 1–101(a), (d), (f), and (l), 10–101(a), (c), (h), and (m), and 24–801(a)
Annotated Code of Maryland
(2008 Replacement Volume and 2012 Supplement)
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BY adding to
Article – Education
Section 7–205.1, 11–105(b)(9), 11–209, 15–113 through 15–116, 18–14A–04, and
24–801(m)
Annotated Code of Maryland
(2008 Replacement Volume and 2012 Supplement)
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BY repealing and reenacting, with amendments,
Article – Education
Section 10–205, 11–207, 18–14A–01 through 18–14A–04, and 24–801(i)
Annotated Code of Maryland
(2008 Replacement Volume and 2012 Supplement)
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Preamble
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WHEREAS, The United States is one of the most well–educated countries in the
world with 42% of adults age 25 to 64 years having attained a postsecondary degree;
and
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WHEREAS, Many countries have surpassed the United States in the
percentage of young adults with a postsecondary degree; and
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WHEREAS, By 2018, two–thirds of all jobs in Maryland will require some
postsecondary education; and
SENATE BILL 740
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WHEREAS, Governor Martin O’Malley has set the goal that at least 55% of
Maryland’s adults aged 25 to 64 years will hold at least an associate’s degree by 2025;
and
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WHEREAS, Nearly two–thirds of high school graduates who enroll in a
community college and one–quarter of high school graduates who enroll in a four–year
institution require remediation; now, therefore,
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
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Article – Education
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1–101.
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(a)
In this article, unless the context requires otherwise, the following words
have the meanings indicated.
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(d)
“County board” means the board of education of a county and includes the
Baltimore City Board of School Commissioners.
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(f)
“Department” means the State Department of Education.
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(l)
“State Board” means the State Board of Education.
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7–205.1.
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(A)
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THE STATE BOARD SHALL ESTABLISH HIGH SCHOOL CURRICULUM
AND GRADUATION REQUIREMENTS FOR ALL PUBLIC SCHOOLS IN ACCORDANCE
WITH THIS SECTION.
(B)
ALL STUDENTS SHALL ENROLL IN A COLLEGE PREPARATION
CURRICULUM IN HIGH SCHOOL UNLESS A PARENT OF A STUDENT CHOOSES TO
ENROLL THE STUDENT IN A NONCOLLEGE PREPARATION CURRICULUM.
(C)
(1)
BEGINNING WITH THE 2014–2015 SCHOOL YEAR, ALL
STUDENTS SHALL BE ASSESSED IN THE 11TH GRADE TO DETERMINE WHETHER
THE STUDENT IS READY FOR COLLEGE–LEVEL CREDIT–BEARING COURSE WORK.
(2)
THE
DEPARTMENT,
IN COLLABORATION WITH PUBLIC
COMMUNITY COLLEGES, SHALL DEVELOP AND IMPLEMENT, BY THE 2015–2016
SCHOOL
YEAR,
TRANSITION
COURSES
OR
OTHER
INSTRUCTIONAL
OPPORTUNITIES TO BE DELIVERED IN THE 12TH GRADE TO STUDENTS WHO
HAVE NOT ACHIEVED COLLEGE READINESS BY THE END OF THE 11TH GRADE.
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SENATE BILL 740
(D)
(1)
EACH STUDENT SHALL COMPLETE A MATHEMATICS COURSE
IN EACH YEAR OF HIGH SCHOOL.
(2)
(I)
THE MINIMUM LEVEL OF MATHEMATICS COMPETENCY
THAT EACH STUDENT WHO IS ENROLLED IN A COLLEGE PREPARATION
CURRICULUM IN HIGH SCHOOL SHALL ACHIEVE IS IN ALGEBRA II.
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(II)
IF A STUDENT ENROLLED IN A COLLEGE PREPARATION
CURRICULUM IN HIGH SCHOOL HAS ACHIEVED COMPETENCY IN ALGEBRA II
BEFORE THE SENIOR YEAR, THE STUDENT SHALL ENROLL IN A NONTRIVIAL
MATHEMATICS
COURSE,
INCLUDING
TRIGONOMETRY,
PRECALCULUS,
CALCULUS, STATISTICS, OR COLLEGE ALGEBRA.
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10–101.
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(a)
In this division the following words have the meanings indicated.
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(c)
“Commission” means the Maryland Higher Education Commission.
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(h)
(1)
“Institution of higher education” means an institution of
postsecondary education that generally limits enrollment to graduates of secondary
schools, and awards degrees at either the associate, baccalaureate, or graduate level.
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(2)
“Institution of higher education” includes public, private nonprofit,
and for–profit institutions of higher education.
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(m)
“Public senior higher education institution” means:
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(1)
The constituent institutions of the University System of Maryland;
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(2)
Morgan State University; and
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(3)
St. Mary’s College of Maryland.
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10–205.
(A)
IT IS THE GOAL OF THE STATE THAT AT LEAST 55% OF MARYLAND’S
ADULTS AGE 25 TO 64 WILL HOLD AT LEAST AN ASSOCIATE’S DEGREE BY THE
YEAR 2025.
(B)
IT IS THE GOAL OF THE STATE THAT ALL DEGREE–SEEKING
STUDENTS ENROLLED IN A PUBLIC COMMUNITY COLLEGE EARN AN ASSOCIATE’S
DEGREE BEFORE TRANSFERRING TO A PUBLIC SENIOR HIGHER EDUCATION
INSTITUTION.
SENATE BILL 740
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[(a)] (C)
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Institutions of higher education should utilize educational
resources to provide the greatest possible benefit to the citizens of the State and to
foster economic development.
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[(b)] (D)
In each region of the State, institutions of higher education should
cooperate to assure an effective and efficient education system.
[(c)] (E)
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In developing missions and programs, the Maryland Higher
Education Commission and each governing board and its constituent institutions shall
consider the role, mission, and function of other public senior higher education
institutions, particularly those institutions offering unique programs and services in
the same geographical region.
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11–105.
THE
COMMISSION
HAS
STATEWIDE
COORDINATING
RESPONSIBILITIES FOR INSTITUTIONS OF HIGHER EDUCATION TO ENSURE THE
STATE ACHIEVES THE GOALS ESTABLISHED UNDER § 10–205 OF THIS ARTICLE.
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11–207.
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(b)
(9)
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(a)
The Commission shall:
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(1)
Establish procedures for transfer of students between the public
segments of postsecondary education;
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(2)
Recommend
cooperative
programs
among
segments
of
postsecondary education to assure appropriate flexibility in the higher education
system; and
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(3)
In conjunction with the governing boards, establish standards for
articulation agreements.
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(B)
THE
COMMISSION,
(C)
THE
COMMISSION,
IN COLLABORATION WITH THE PUBLIC
INSTITUTIONS OF HIGHER EDUCATION, SHALL DEVELOP AND IMPLEMENT A
COMMON COURSE NUMBERING SYSTEM AT ALL PUBLIC INSTITUTIONS OF
HIGHER EDUCATION BY JULY 1, 2015.
IN COLLABORATION WITH THE PUBLIC
INSTITUTIONS OF HIGHER EDUCATION, SHALL DEVELOP AND IMPLEMENT A
STATEWIDE TRANSFER AGREEMENT WHEREBY ALL CREDITS THAT A STUDENT
EARNS AT ANY COMMUNITY COLLEGE IN THE STATE TOWARD AN ASSOCIATE’S
DEGREE SHALL BE TRANSFERRABLE TO ANY PUBLIC SENIOR HIGHER
EDUCATION INSTITUTION IN THE STATE FOR CREDIT TOWARD A BACHELOR’S
DEGREE BY JULY 1, 2016.
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SENATE BILL 740
(D)
THE
COMMISSION,
IN COLLABORATION WITH THE PUBLIC
INSTITUTIONS OF HIGHER EDUCATION, SHALL DEVELOP AND IMPLEMENT A
STATEWIDE REVERSE TRANSFER AGREEMENT WHEREBY ALL CREDITS THAT A
STUDENT EARNS AT ANY PUBLIC SENIOR HIGHER EDUCATION INSTITUTION IN
THE STATE TOWARD A BACHELOR’S DEGREE ARE TRANSFERRABLE TO ANY
COMMUNITY COLLEGE IN THE STATE FOR CREDIT TOWARD AN ASSOCIATE’S
DEGREE BY JULY 1, 2016.
[(b)] (E)
The Commission may recommend procedures and guidelines for
consideration by the governing boards of institutions of postsecondary education on:
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(1)
programs; and
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(2)
Other subjects of general interest and concern to the higher
education community in the State.
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11–209.
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(A) IN THIS SECTION, “NEAR COMPLETER” MEANS AN INDIVIDUAL WHO
HAS COMPLETED SOME COLLEGE CREDITS BUT DOES NOT HAVE A COLLEGE
DEGREE AND IS NO LONGER ATTENDING AN INSTITUTION OF HIGHER
EDUCATION.
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Improvement and coordination of student financial assistance
(B)
THE COMMISSION, IN COLLABORATION WITH INSTITUTIONS OF
HIGHER EDUCATION, SHALL CREATE A STATEWIDE COMMUNICATION CAMPAIGN
TO IDENTIFY NEAR COMPLETERS IN THE STATE AND TO ENCOURAGE NEAR
COMPLETERS TO RE–ENROLL IN AN INSTITUTION OF HIGHER EDUCATION TO
EARN A DEGREE.
(C)
THE COMMUNICATION CAMPAIGN SHALL:
(1) MAKE USE OF A VARIETY OF MARKETING MEDIA, INCLUDING
BILLBOARDS, BROCHURES, AND ELECTRONIC RESOURCES;
(2)
PROVIDE A CENTRALIZED CONTACT POINT FOR NEAR
COMPLETERS TO GET
RE–ENROLLING; AND
(3)
INFORMATION
ABOUT
AND
ASSISTANCE
WITH
FOCUS ON NEAR COMPLETERS WHO:
(I)
EARNED A MINIMUM GRADE POINT AVERAGE OF 2.0 ON
A SCALE OF 4.0 WHILE IN COLLEGE; AND
SENATE BILL 740
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(II)
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1.
EARNED AT LEAST 45 CREDIT HOURS IF THE
INDIVIDUAL ATTENDED A COMMUNITY COLLEGE; OR
2.
EARNED AT LEAST 70 CREDIT HOURS IF THE
INDIVIDUAL ATTENDED A SENIOR HIGHER EDUCATION INSTITUTION.
(D)
(1)
THE COMMISSION SHALL DEVELOP AND IMPLEMENT A PLAN
THAT WOULD PROVIDE AN INCENTIVE TO:
(I)
A NEAR COMPLETER TO RE–ENROLL AND EARN A
(II)
A COLLEGE TO IDENTIFY AND GRADUATE NEAR
DEGREE; AND
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COMPLETERS.
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(2) THE INCENTIVE PLAN SHALL USE ALL AVAILABLE
RESOURCES, INCLUDING ENDOWMENT FUNDS, PRIVATE SECTOR FUNDS, AND
STATE FUNDS.
(E)
THE COMMISSION AND INSTITUTIONS OF HIGHER EDUCATION MAY
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IMPLEMENT OTHER NEAR COMPLETER INITIATIVES IN ADDITION TO THE
CAMPAIGN AND INCENTIVE PLAN REQUIRED UNDER THIS SECTION.
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(F) BY DECEMBER 1, 2013, THE COMMISSION SHALL SUBMIT A
REPORT, IN ACCORDANCE WITH § 2–1246 OF THE STATE GOVERNMENT
ARTICLE, TO THE GENERAL ASSEMBLY ON THE DETAILS OF THE STATEWIDE
COMMUNICATION CAMPAIGN AND THE INCENTIVE PLAN, INCLUDING THE
EXPECTED TIMELINE FOR IMPLEMENTATION.
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15–113.
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(A)
IN THIS SECTION, “DEGREE PLAN” MEANS A STATEMENT OF THE
COURSE OF STUDY REQUIREMENTS THAT AN UNDERGRADUATE STUDENT
ENROLLED IN A PUBLIC SENIOR HIGHER EDUCATION INSTITUTION MUST
COMPLETE TO GRADUATE FROM THE INSTITUTION.
(B)
EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, EACH
UNDERGRADUATE STUDENT ENROLLED IN A PUBLIC SENIOR HIGHER
EDUCATION INSTITUTION SHALL FILE A DEGREE PLAN WITH THE INSTITUTION
AS SOON AS PRACTICABLE BUT NOT LATER THAN BY THE COMPLETION OF 45
CREDIT HOURS OF COURSE WORK.
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SENATE BILL 740
(C)
EACH UNDERGRADUATE STUDENT WHO TRANSFERS TO A PUBLIC
SENIOR HIGHER EDUCATION INSTITUTION WITH AT LEAST 45 CREDIT HOURS OF
COURSE WORK SHALL FILE A DEGREE PLAN WITH THE INSTITUTION DURING
THE STUDENT’S FIRST SEMESTER AT THE INSTITUTION.
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A DEGREE PLAN FILED UNDER THIS SECTION SHALL BE DEVELOPED
IN CONSULTATION WITH AN ACADEMIC ADVISOR IN THE STUDENT’S DEGREE
PROGRAM.
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15–114.
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(A)
SHALL:
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(D)
EACH PUBLIC INSTITUTION OF HIGHER EDUCATION IN THE STATE
(1)
DEVELOP A BLOCK SCHEDULING SYSTEM WHEREBY A
DEGREE–SEEKING STUDENT IS AUTOMATICALLY ENROLLED IN COURSES FOR
THE FIRST YEAR OF ENROLLMENT;
(2)
REQUIRE
(3)
REQUIRE
THE
BLOCK
SCHEDULE
FOR
EACH
DEGREE–SEEKING STUDENT TO INCLUDE CREDIT–BEARING MATHEMATICS AND
ENGLISH COURSES IN THE FIRST 24 CREDIT HOURS OF COURSES; AND
THE
BLOCK
SCHEDULE
FOR
EACH
DEGREE–SEEKING STUDENT ENROLLED IN A DEVELOPMENTAL COURSE IN
MATHEMATICS, READING, OR ENGLISH TO INCLUDE THE CREDIT–BEARING
COURSE IN MATHEMATICS, READING, OR ENGLISH CONCURRENT WITH OR IN
THE
SEMESTER
IMMEDIATELY
FOLLOWING
COMPLETION
OF
THE
DEVELOPMENTAL COURSE.
(B)
EACH PUBLIC INSTITUTION OF HIGHER EDUCATION SHALL
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CONSIDER IMPLEMENTING BLOCK SCHEDULING BASED ON THE TIME OF DAY TO
ASSIST FULL–TIME STUDENTS OR PART–TIME STUDENTS WITH WORK OR FAMILY
COMMITMENTS TO ACHIEVE A COLLEGE DEGREE.
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15–115.
EACH
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PUBLIC SENIOR HIGHER EDUCATION INSTITUTION SHALL
DEDICATE A PORTION OF INSTITUTIONAL FINANCIAL AID TO PROVIDE
FINANCIAL ASSISTANCE TO RESIDENT UNDERGRADUATE STUDENTS THAT
TRANSFER WITH AN ASSOCIATE’S DEGREE FROM A COMMUNITY COLLEGE IN
THE STATE.
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15–116.
SENATE BILL 740
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(1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, THE STANDARD NUMBER OF CREDITS REQUIRED FOR A
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(2) THE STANDARD NUMBER OF CREDITS REQUIRED UNDER
PARAGRAPH (1) OF THIS SUBSECTION DOES NOT APPLY IF:
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(A)
BACCALAUREATE DEGREE FROM A PUBLIC SENIOR
INSTITUTION IS 120 CREDIT HOURS.
HIGHER EDUCATION
(I)
THE DEGREE PROGRAM IS DEFINED AS A 5–YEAR
BACCALAUREATE PROGRAM;
(II)
PROFESSIONAL ACCREDITATION REQUIRES A HIGHER
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NUMBER OF CREDIT HOURS OR REQUIRES COURSE WORK THAT CANNOT BE
COMPLETED IN 120 CREDITS; OR
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(III) CERTIFICATION REQUIREMENTS RESULT IN A NEED
FOR CREDIT HOURS IN EXCESS OF 120.
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(B)
(1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, THE STANDARD NUMBER OF CREDITS REQUIRED FOR AN
ASSOCIATE’S DEGREE FROM A PUBLIC COMMUNITY COLLEGE IS 60 CREDIT
HOURS.
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(2) THE STANDARD NUMBER OF CREDITS REQUIRED UNDER
PARAGRAPH (1) OF THIS SUBSECTION DOES NOT APPLY IF:
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(I)
THE DEGREE PROGRAM IS DEFINED AS MORE THAN A
2–YEAR ASSOCIATE’S DEGREE;
(II)
PROFESSIONAL ACCREDITATION REQUIRES A HIGHER
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NUMBER OF CREDIT HOURS OR REQUIRES COURSE WORK THAT CANNOT BE
COMPLETED IN 60 CREDITS; OR
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(III) CERTIFICATION REQUIREMENTS RESULT IN A NEED
FOR CREDIT HOURS IN EXCESS OF 60.
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(C)
THE COMMISSION MAY APPROVE ADDITIONAL EXCEPTIONS TO THE
CREDIT HOUR REQUIREMENTS UNDER SUBSECTIONS (A) AND (B) OF THIS
SECTION.
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SENATE BILL 740
(a)
(1)
In this section[, “dually] THE FOLLOWING WORDS HAVE THE
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MEANINGS INDICATED.
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enrolled in:
(2)
“DUALLY enrolled student” means a student who is dually
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[(1)] (I)
A secondary school in the State; and
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[(2)] (II)
An institution of higher education in the State.
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(3) “FULL–TIME EQUIVALENT ENROLLMENT” HAS THE MEANING
STATED IN § 5–202 OF THIS ARTICLE.
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(4)
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(5)
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“GRANT” MEANS THE EARLY COLLEGE ACCESS GRANT.
“LOCAL SHARE OF THE FOUNDATION PROGRAM” HAS THE
MEANING STATED IN § 5–202 OF THIS ARTICLE.
(B)
THERE IS AN EARLY COLLEGE ACCESS GRANT THAT PROVIDES
FINANCIAL ASSISTANCE TO DUALLY ENROLLED STUDENTS IN THE STATE.
[(b)] (C)
In cooperation with institutions of higher education in the State,
the Commission shall [establish and] administer [a grant program for dually enrolled
students] THE GRANT.
[(c)] (D)
A recipient of [an early college access] A grant shall:
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(1)
[Be a resident of the State;
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(2)]
Be a [dually enrolled] student DUALLY ENROLLED IN THE
STATE; and
[(3)] (2)
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Demonstrate financial need according to criteria established
by the Commission.
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[(d)] (E)
For courses completed under the [program] GRANT, a recipient [of
an early college access grant] is not required to receive credit from a secondary school
and an institution of higher education at the same time.
26
18–14A–02.
27
28
29
(a)
Funds for the [Early College Access] Grant [Program] shall be allocated
by the Commission to an institution of higher education based on the number of dually
enrolled students receiving credit for courses completed at the institution.
SENATE BILL 740
11
1
2
(b)
Funds for the [Early College Access] Grant [Program] shall be as
provided in the annual budget of the Commission by the Governor.
3
18–14A–03.
4
The Commission shall:
5
6
(1)
Establish guidelines for AWARDING the [awarding of early college
access grants] GRANT to dually enrolled students; and
7
8
(2)
Adopt any other guidelines or regulations necessary for the
administration of this subtitle.
9
18–14A–04.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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27
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(A)
A PUBLIC INSTITUTION OF HIGHER EDUCATION MAY NOT CHARGE
TUITION TO A DUALLY ENROLLED STUDENT.
(B)
FOR EACH DUALLY ENROLLED STUDENT WHO IS ENROLLED IN A
PUBLIC SCHOOL IN THE COUNTY, THE COUNTY BOARD SHALL PAY THE PUBLIC
INSTITUTION OF HIGHER EDUCATION THE LESSER OF:
(1)
THE AMOUNT CALCULATED IN SUBSECTION (C) OF THIS
SECTION; OR
(2)
THE COST OF TUITION.
(C) FOR EACH DUALLY ENROLLED STUDENT, THE ANNUAL AMOUNT
THAT A PUBLIC INSTITUTION OF HIGHER EDUCATION RECEIVES FROM A
COUNTY BOARD IS CALCULATED AS FOLLOWS:
(1)
DIVIDE THE LOCAL SHARE OF THE FOUNDATION PROGRAM BY
THE FULL–TIME EQUIVALENT ENROLLMENT OF THE COUNTY;
(2)
DIVIDE THE QUOTIENT CALCULATED IN ITEM (1) OF THIS
SUBSECTION BY THE TOTAL NUMBER OF COURSES IN WHICH THE STUDENT IS
ENROLLED IN HIGH SCHOOL AND THE PUBLIC INSTITUTION OF HIGHER
EDUCATION; AND
(3)
MULTIPLY THE QUOTIENT CALCULATED IN ITEM (2) OF THIS
SUBSECTION BY THE NUMBER OF COURSES IN WHICH THE STUDENT IS
ENROLLED AT THE PUBLIC INSTITUTION OF HIGHER EDUCATION.
12
1
2
3
4
5
SENATE BILL 740
(D)
(1)
A COUNTY BOARD MAY CHARGE A DUALLY ENROLLED
STUDENT A STUDENT ACTIVITIES FEE NOT TO EXCEED 50% OF THE AMOUNT
PAID UNDER SUBSECTION (B) OF THIS SECTION.
(2)
A COUNTY BOARD SHALL CONSIDER THE FINANCIAL ABILITY
OF STUDENTS WHEN SETTING FEES.
6
7
(3)
A COUNTY BOARD SHALL WAIVE THE FEE FOR STUDENTS WHO
DEMONSTRATE FINANCIAL NEED.
8
[18–14A–04.] 18–14A–05.
9
10
An institution of higher education that receives State funds under this subtitle
shall provide the Commission with an annual audit of the use of the funds.
11
24–801.
12
13
(a)
In this section, “Council” means the Governor’s P–20 Leadership Council
of Maryland.
14
15
16
(i)
The Council shall investigate ways to improve education, advance
workforce creation, and make the State more competitive through some or all of the
following strategies:
17
18
(1)
Ensuring that all students have the basic, critical thinking, and
technical skills necessary to succeed in the modern workplace;
19
20
(2)
Reducing dropout rates and increasing retention and graduation
rates in high school and college;
21
22
(3)
Improving student achievement and closing student achievement
23
(4)
Improving teaching quality;
24
(5)
Improving teacher retention;
25
(6)
Strengthening and expanding educational leadership programs;
gaps;
26
27
(7)
Redesigning career and technology education programs to meet
college expectations and employer needs;
28
29
(8)
Expanding the availability of career and technology programs and
high school centers;
SENATE BILL 740
1
2
levels;
3
4
(10)
employer needs;
5
(11)
6
7
(9)
13
Strengthening STEM programs at the high school and college
Connecting high school expectations and college expectations with
Creating pathways for all students to obtain college degrees;
(12) Providing teachers the resources and professional training they
need to help students reach higher standards;
8
(13)
Expanding opportunities for continuous learning;
9
10
(14) Aligning high school graduation requirements with college
readiness requirements;
11
12
(15) Improving the connections between the pre–kindergarten, primary,
secondary, and higher education systems;
13
14
15
(16) Creating programs and incentives to encourage mutually beneficial
relationships between schools, school systems, higher education, and the business
community; [and]
16
17
ENSURING COLLEGE READINESS AND COLLEGE COMPLETION
STRATEGIES ARE IMPLEMENTED; AND
18
19
(18) Any other strategies requested by the Governor or General
20
21
22
23
24
25
26
27
28
29
30
31
(17)
Assembly.
(M)
BY DECEMBER 1, 2014, AND EVERY 2 YEARS THEREAFTER, THE
COUNCIL SHALL REPORT TO THE GOVERNOR AND, IN ACCORDANCE WITH §
2–1246 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON
THE PROGRESS OF IMPLEMENTING COLLEGE READINESS AND COLLEGE
COMPLETION STRATEGIES ESTABLISHED IN § 7–205.1, TITLE 11, SUBTITLE 7A,
§§ 15–113 THROUGH 15–116, AND TITLE 18, SUBTITLE 14A OF THIS ARTICLE.
SECTION 2. AND BE IT FURTHER ENACTED, That:
(a)
The State Department of Education shall develop a plan, in consultation
with institutions of higher education, to improve college and career counseling that is
provided to students in middle and high schools.
(b)
The plan developed under subsection (a) of this section should:
(1)
identify best practices used in the State and nationally; and
14
SENATE BILL 740
1
2
3
4
(2)
include recommendations for a competitive grant program that
would be used to implement these best practices across the State as well as
recommendations for implementing the College Readiness Outreach Program
established under § 18–303.1 of the Education Article.
5
6
7
8
(c)
The Department shall submit the plan to the Governor and, in
accordance with § 2–1246 of the State Government Article, the General Assembly by
October 1, 2013 to ensure appropriate funding for the plan may be considered for
inclusion in the fiscal year 2015 operating budget.
9
10
11
12
13
SECTION 3. AND BE IT FURTHER ENACTED, That, by December 1 of each
year, the Maryland Higher Education Commission shall submit to the Department of
Legislative Services de–identified data in compliance with the federal Family
Educational Rights and Privacy Act that is collected from institutions of higher
education and submitted to Complete College America.
14
15
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2013.
HOUSE BILL 1288
F1, F2
3lr2186
By: Delegates Stocksdale, Aumann, Bates, Boteler, Frank, and Wood
Introduced and read first time: February 8, 2013
Assigned to: Ways and Means
A BILL ENTITLED
1
AN ACT concerning
2
Accountability in Education Act of 2013
3
4
5
6
7
8
9
10
11
12
13
FOR the purpose of requiring a county board of education to pay a public institution of
higher education a certain percent of certain tuition and fees for noncredit
remedial education courses under certain circumstances; requiring a county
board to remit payment within a certain number of days on receipt of a certain
notification from a public institution of higher education; requiring a public
institution of higher education to submit an invoice to a certain county board for
certain tuition and fees; prohibiting a public institution of higher education
from charging certain students more than a certain amount for
noncredit remedial education courses; defining certain terms; providing for the
application of this Act; and generally relating to the tuition and mandatory fees
for enrollment in noncredit remedial education courses.
14
15
16
17
18
BY adding to
Article – Education
Section 5–119 and 15–113
Annotated Code of Maryland
(2008 Replacement Volume and 2012 Supplement)
19
20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
21
Article – Education
22
23
24
5–119.
(A)
IN THIS SECTION, “INSTITUTION OF HIGHER EDUCATION” HAS THE
MEANING STATED IN § 10–101 OF THIS ARTICLE.
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1288*
2
HOUSE BILL 1288
1
2
3
4
5
ON REQUEST FROM A MARYLAND PUBLIC INSTITUTION OF HIGHER
EDUCATION UNDER § 15–113 OF THIS ARTICLE, THE COUNTY BOARD SHALL PAY
TO THE PUBLIC INSTITUTION OF HIGHER EDUCATION 50% OF THE TUITION AND
6
7
8
9
(1) HAS BEEN CERTIFIED BY THE PRINCIPAL OF A PUBLIC HIGH
SCHOOL LOCATED IN THE COUNTY, BASED ON STANDARDS OF THE STATE
BOARD OF EDUCATION, AS QUALIFIED TO PURSUE A COURSE OF STUDY AT A
PUBLIC INSTITUTION OF HIGHER EDUCATION; AND
10
11
12
(B)
FEES CHARGED TO A STUDENT FOR A NONCREDIT REMEDIAL EDUCATION
COURSE IF THE STUDENT:
(2)
ENROLLED IN A PUBLIC INSTITUTION OF HIGHER EDUCATION
IN MARYLAND WITHIN 18 MONTHS AFTER GRADUATING FROM A PUBLIC HIGH
SCHOOL IN MARYLAND.
13
14
15
THE COUNTY BOARD SHALL REMIT PAYMENT TO THE PUBLIC
INSTITUTION OF HIGHER EDUCATION WITHIN 30 DAYS ON RECEIPT OF
NOTIFICATION UNDER SUBSECTION (B) OF THIS SECTION.
16
15–113.
17
18
(A) IN THIS SECTION, “COUNTY BOARD” HAS THE MEANING STATED IN §
1–101 OF THIS ARTICLE.
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
(C)
(B)
EACH PUBLIC INSTITUTION OF HIGHER EDUCATION SHALL SUBMIT
TO THE COUNTY BOARD OF THE COUNTY FROM WHICH THE STUDENT
GRADUATED FROM A PUBLIC HIGH SCHOOL AN INVOICE FOR 50% OF THE
TUITION AND MANDATORY FEES CHARGED TO A STUDENT FOR A NONCREDIT
REMEDIAL EDUCATION COURSE IF THE STUDENT:
(1)
WAS ADMITTED TO THE PUBLIC INSTITUTION OF HIGHER
EDUCATION UNDER § 15–101(A)(1) OF THIS TITLE; AND
(2)
ENROLLED IN THE PUBLIC INSTITUTION OF HIGHER
EDUCATION WITHIN 18 MONTHS AFTER GRADUATING FROM A PUBLIC HIGH
SCHOOL IN MARYLAND.
(C)
A PUBLIC INSTITUTION OF HIGHER EDUCATION THAT SUBMITS AN
INVOICE TO A COUNTY BOARD UNDER SUBSECTION (B) OF THIS SECTION MAY
NOT CHARGE THE STUDENT MORE THAN THE REMAINING 50% OF THE TUITION
AND MANDATORY FEES CHARGED TO THE STUDENT FOR THE NONCREDIT
REMEDIAL EDUCATION COURSE.
HOUSE BILL 1288
1
2
3
3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2014, and shall be applicable to all academic years beginning with the
2014–2015 academic year.
HOUSE BILL 1026
F1
3lr1305
By: Delegate Clagett
Introduced and read first time: February 8, 2013
Assigned to: Ways and Means
A BILL ENTITLED
1
AN ACT concerning
2
Education – Public School Funding – Calculation
3
4
5
6
7
8
FOR the purpose of altering the definition of “full–time equivalent enrollment” in the
calculation for certain State aid for education; requiring that public schools be
funded based on a certain calculation of pupil attendance at certain times
during the school year; requiring that State aid for education be weighted in a
certain manner; providing for the application of this Act; and generally relating
to the calculation of public school funding.
9
10
11
12
13
BY repealing and reenacting, with amendments,
Article – Education
Section 5–202(a)(6) and 5–212
Annotated Code of Maryland
(2008 Replacement Volume and 2012 Supplement)
14
15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
16
Article – Education
17
18
19
20
21
5–202.
(a)
(6)
“Full–time equivalent enrollment” means the sum of:
(i)
The number of students enrolled in grades 1 through 12 or
their equivalent in regular day school programs on September 30 OR MARCH 31 of
the previous school year;
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1026*
2
1
2
3
HOUSE BILL 1026
(ii)
Except as provided in item (iii) of this paragraph, the
product of the number of students enrolled in kindergarten programs on September 30
OR MARCH 31 of the prior school year and:
4
1.
0.60 in fiscal year 2004;
5
2.
0.70 in fiscal year 2005;
6
3.
0.80 in fiscal year 2006;
7
4.
0.90 in fiscal year 2007; and
8
9
5.
1.00 in fiscal year 2008 and each fiscal year
thereafter;
10
11
(iii) In Garrett County, the number of students enrolled in
kindergarten programs on September 30 OR MARCH 31 of the prior school year; and
12
13
14
(iv) The number of full–time equivalent students, as determined
by a regulation of the Department, enrolled in evening high school programs during
the previous school year.
15
5–212.
16
17
18
19
(a)
Ten days before the end of July, September, November, January, March,
and May, the State Superintendent shall certify to the State Comptroller the amount
due at the end of each of these months to each county board for the annual State share
of:
20
(1)
Funding for the foundation program under § 5–202 of this subtitle;
21
(2)
Transportation aid under § 5–205 of this subtitle;
22
(3)
Funding for compensatory education under § 5–207 of this subtitle;
23
24
25
26
(4)
Funding for students with limited English proficiency under §
5–208 of this subtitle;
(5)
Funding for special education students under § 5–209 of this
(6)
Funding for the guaranteed tax base program under § 5–210 of this
subtitle;
27
28
subtitle; and
29
30
(7)
Any money provided in the Department’s budget for special
education services under § 8–414 of this article.
HOUSE BILL 1026
1
2
3
4
5
6
(b)
3
Amounts due shall be made [in equal payments] once every 2 months
AND WEIGHTED BASED ON THE FOLLOWING:
(1)
70% OF THE STATE SHARE TO A COUNTY BOARD BASED ON
THE NUMBER OF STUDENTS ENROLLED ON SEPTEMBER 30 OF THE PREVIOUS
SCHOOL YEAR AS PROVIDED IN §§ 5–202, 5–205, 5–207, 5–208, 5–209, AND
5–210 OF THIS SUBTITLE; AND
7
8
9
10
(2)
30% OF THE STATE SHARE TO A COUNTY BOARD BASED ON
THE NUMBER OF STUDENTS ENROLLED ON MARCH 31 OF THE PREVIOUS
SCHOOL YEAR AS PROVIDED IN §§ 5–202, 5–205, 5–207, 5–208, 5–209, AND
5–210 OF THIS SUBTITLE.
11
12
13
(c)
Within 5 days before the end of each of these months, the State
Comptroller shall draw the Comptroller’s warrant on the State Treasurer for the
amount due to the treasurer of each county board.
14
15
(d)
On receipt of the warrant of the State Comptroller, the State Treasurer
immediately shall pay the amount due to the treasurer of each county board.
16
17
18
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2013, and shall be applicable to the calculation of payments of State aid for
education for all fiscal years beginning after June 30, 2014.
SENATE BILL 958
F1, B1, B5
3lr3184
By: Senator Madaleno
Introduced and read first time: February 14, 2013
Assigned to: Rules
A BILL ENTITLED
1
AN ACT concerning
2
Education – State Funding – Operating and Capital Funds
3
4
5
6
7
8
FOR the purpose of establishing the rate by which the target per pupil foundation
amount is increased in certain fiscal years; requiring that certain county boards
of education receive a certain grant; repealing a certain provision that allowed
for the reduction of a grant under certain circumstances; establishing a certain
State goal to provide at least a certain amount of funds in each fiscal year for
certain purposes; and generally relating to education funding in the State.
9
10
11
12
13
BY repealing and reenacting, without amendments,
Article – Education
Section 5–202(a)(1)
Annotated Code of Maryland
(2008 Replacement Volume and 2012 Supplement)
14
15
16
17
18
BY repealing and reenacting, with amendments,
Article – Education
Section 5–202(a)(13) and (f) and 5–301(c)
Annotated Code of Maryland
(2008 Replacement Volume and 2012 Supplement)
19
20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
21
Article – Education
22
23
24
5–202.
(a)
(1)
In this section the following words have the meanings indicated.
(13)
“Target per pupil foundation amount” means:
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0958*
2
1
SENATE BILL 958
(i)
In fiscal years 2008, 2009, and 2010, $6,694;
2
3
(ii)
Except as provided in items (iii) and (iv) of this paragraph,
in subsequent fiscal years:
4
5
1.
The target per pupil foundation amount for the prior
fiscal year increased by the same percentage as the lesser of:
6
7
A.
The increase in the implicit price deflator for State
and local government expenditures for the second prior fiscal year;
8
9
10
B.
The Consumer Price Index for all urban consumers for
the Washington–Baltimore metropolitan area, or any successor index, for the second
prior fiscal year; or
11
12
13
14
15
16
C.
5%; or
2.
If there is no increase in the implicit price deflator for
State and local government expenditures for the second prior fiscal year or in the
Consumer Price Index for all urban consumers for the Washington–Baltimore
metropolitan area, or any successor index, for the second prior fiscal year, the target
per pupil foundation amount for the prior fiscal year;
17
(iii)
In fiscal year 2012, $6,694; and
18
(iv)
In each of fiscal years 2013 [through 2015] AND 2014:
19
20
1.
The target per pupil foundation amount for the prior
fiscal year increased by the same percentage as the lesser of:
21
22
A.
The increase in the implicit price deflator for State
and local government expenditures for the second prior fiscal year;
23
24
25
B.
The Consumer Price Index for all urban consumers for
the Washington–Baltimore metropolitan area, or any successor index, for the second
prior fiscal year; or
26
27
28
29
30
31
C.
1%; or
2.
If there is no increase in the implicit price deflator for
State and local government expenditures for the second prior fiscal year or in the
Consumer Price Index for all urban consumers for the Washington–Baltimore
metropolitan area, or any successor index, for the second prior fiscal year, the target
per pupil foundation amount for the prior fiscal year.
SENATE BILL 958
1
2
3
(f)
(1)
In this subsection, “GCEI adjustment” means the foundation
program for each county multiplied by:
3
(i)
0.000 in Allegany;
4
(ii)
0.018 in Anne Arundel;
5
(iii)
0.042 in Baltimore City;
6
(iv)
0.008 in Baltimore;
7
(v)
0.021 in Calvert;
8
(vi)
0.000 in Caroline;
9
(vii)
0.014 in Carroll;
10
(viii) 0.000 in Cecil;
11
(ix)
0.020 in Charles;
12
(x)
0.000 in Dorchester;
13
(xi)
0.024 in Frederick;
14
(xii)
0.000 in Garrett;
15
(xiii) 0.000 in Harford;
16
(xiv) 0.015 in Howard;
17
(xv)
18
(xvi) 0.034 in Montgomery;
19
(xvii) 0.048 in Prince George’s;
20
(xviii) 0.011 in Queen Anne’s;
21
(xix) 0.002 in St. Mary’s;
22
(xx)
23
(xxi) 0.000 in Talbot;
24
(xxii) 0.000 in Washington;
0.010 in Kent;
0.000 in Somerset;
4
SENATE BILL 958
1
(xxiii) 0.000 in Wicomico; and
2
(xxiv) 0.000 in Worcester.
3
4
5
6
7
(2)
[To the extent funds are provided in the State budget for the
grants under this subsection, in] IN addition to the State share of the foundation
program, each county board [may] SHALL receive a grant to reflect regional
differences in the cost of education that are due to factors outside of the control of the
local jurisdiction.
8
9
10
(3)
[Subject to paragraph (4) of this subsection, the] THE amount of
the grant to each county board under this subsection shall equal the GCEI adjustment
for the county board multiplied times:
11
(i)
0.50 in fiscal year 2006;
12
(ii)
0.62 in fiscal year 2007;
13
(iii)
0.74 in fiscal year 2008;
14
(iv)
0.86 in fiscal year 2009; and
15
(v)
1.00 in fiscal year 2010 and each fiscal year thereafter.
16
17
18
19
[(4) For any fiscal year, if sufficient funds are not provided in the State
budget to fully fund the grants provided under this subsection, the grant to each
county board under this subsection shall equal the amount determined under
paragraph (3) of this subsection multiplied by a fraction:
20
21
(i)
The numerator of which is the amount provided in the State
budget to fund the grants; and
22
23
(ii)
The denominator of which is the sum of the amounts
calculated under paragraph (3) of this subsection for all the county boards.]
24
5–301.
25
26
27
(1) IT IS THE GOAL OF THE STATE TO PROVIDE AT LEAST
$350,000,000 IN EACH FISCAL YEAR TO FUND PUBLIC SCHOOL CONSTRUCTION
OR CAPITAL IMPROVEMENT COSTS.
28
29
30
(2) The State shall pay the costs in excess of available federal funds of
the State share of public school construction projects and public school capital
improvements in each county if:
(c)
SENATE BILL 958
1
2
5
[(1)] (I)
The projects or improvements have been approved by the
Board of Public Works; and
[(2)] (II)
3
4
Contracts have been executed on or after July 1, 1971 for the
projects or improvements.
5
6
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2013.
HOUSE BILL 875
F1
HB 831/12 – W&M
3lr1090
By: Delegates Bates, Afzali, Aumann, Boteler, Dwyer, Eckardt, Elliott, George,
Hough, Kipke, Krebs, McComas, McDonough, Oaks, Otto, Ready,
B. Robinson, Schulz, Stocksdale, Stukes, Szeliga, Vitale, and Wood
Introduced and read first time: February 7, 2013
Assigned to: Ways and Means
A BILL ENTITLED
1
AN ACT concerning
2
Education – Public Schools – Parent Empowerment
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
FOR the purpose of authorizing certain parents and legal guardians of students
attending public schools that are not meeting State accountability goals 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 meet State accountability
goals; requiring the State Board to adopt certain regulations; defining certain
terms; and generally relating to authorizing parents of students attending
public schools that are not meeting State accountability goals to petition county
boards of education for an intervention.
18
19
20
21
22
23
BY adding to
Article – Education
Section 9.5–101 through 9.5–106 to be under the new title “Title 9.5. Parent
Empowerment and Choice”
Annotated Code of Maryland
(2008 Replacement Volume and 2012 Supplement)
24
25
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
26
Article – Education
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0875*
2
HOUSE BILL 875
TITLE 9.5. PARENT EMPOWERMENT AND CHOICE.
1
2
9.5–101.
3
4
(A)
IN THIS TITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B)
“CHARTER MANAGEMENT ORGANIZATION” MEANS A NONPROFIT
5
6
7
8
ORGANIZATION THAT OPERATES OR MANAGES CHARTER SCHOOLS BY
CENTRALIZING OR SHARING SPECIFIED FUNCTIONS AND RESOURCES AMONG
SCHOOLS.
9
10
11
(C) “EDUCATION MANAGEMENT ORGANIZATION” MEANS A NONPROFIT
ORGANIZATION THAT PROVIDES COMPREHENSIVE SCHOOL OPERATION
SERVICES TO A COUNTY BOARD.
12
(D)
“INTERVENTION” MEANS:
13
(1)
A RESTART MODEL; OR
14
(2)
A SCHOOL CLOSURE MODEL.
15
(E)
“RESTART MODEL” MEANS A MODEL IN WHICH A COUNTY BOARD:
16
17
18
19
(1)
CONVERTS A SCHOOL OR CLOSES AND REOPENS A SCHOOL
UNDER A CHARTER SCHOOL OPERATOR, A CHARTER MANAGEMENT
ORGANIZATION, OR AN EDUCATION MANAGEMENT ORGANIZATION THAT HAS
BEEN SELECTED THROUGH A RIGOROUS REVIEW PROCESS; AND
20
21
(2)
THE SCHOOL.
22
23
24
25
26
27
(F)
BOARD CLOSES A SCHOOL AND ENROLLS THE STUDENTS WHO ATTENDED THE
SCHOOL IN OTHER SCHOOLS IN THE COUNTY SCHOOL SYSTEM THAT ARE
HIGHER ACHIEVING AND ARE WITHIN REASONABLE PROXIMITY TO THE CLOSED
SCHOOL, INCLUDING CHARTER SCHOOLS OR NEW SCHOOLS FOR WHICH
ACHIEVEMENT DATA IS NOT YET AVAILABLE.
28
9.5–102.
ENROLLS ANY FORMER STUDENT WHO WISHES TO ATTEND
“SCHOOL CLOSURE MODEL” MEANS A MODEL IN WHICH A COUNTY
HOUSE BILL 875
1
2
3
4
5
6
7
8
9
10
11
3
(A)
THIS SECTION APPLIES TO ANY PUBLIC SCHOOL THAT, AFTER ONE
FULL SCHOOL YEAR, CONTINUES TO FAIL TO MEET STATE ACCOUNTABILITY
GOALS.
(B)
EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE, IF MORE THAN
50% OF THE PARENTS OR LEGAL GUARDIANS OF STUDENTS ATTENDING A
PUBLIC SCHOOL, OR A COMBINATION OF MORE THAN 50% OF THE PARENTS OR
LEGAL GUARDIANS OF STUDENTS ATTENDING THE SCHOOL AND THE
ELEMENTARY OR MIDDLE SCHOOLS THAT NORMALLY MATRICULATE INTO THE
MIDDLE OR HIGH SCHOOL, SIGN A PETITION REQUESTING THE COUNTY BOARD
TO IMPLEMENT AN INTERVENTION, THE COUNTY BOARD SHALL IMPLEMENT THE
INTERVENTION REQUESTED BY THE PARENTS OR LEGAL GUARDIANS.
12
9.5–103.
13
14
A COUNTY BOARD SHALL NOTIFY THE STATE SUPERINTENDENT AND THE
STATE BOARD:
15
16
(1)
THIS TITLE; AND
(2)
17
18
9.5–104.
19
20
21
(A)
22
23
24
25
26
27
28
29
30
31
32
33
ON RECEIPT OF A PETITION RECEIVED UNDER § 9.5–102 OF
OF ITS FINAL DISPOSITION REGARDING THE PETITION.
WITHIN 60 DAYS AFTER RECEIPT OF A PETITION UNDER § 9.5–102
OF THIS TITLE, THE COUNTY BOARD SHALL MAKE A DETERMINATION, IN
WRITING, REGARDING DISPOSITION OF THE PETITION.
(B)
(1)
SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, WITHIN
180 DAYS AFTER THE COUNTY BOARD’S DETERMINATION REGARDING
DISPOSITION OF A PETITION, THE COUNTY BOARD SHALL IMPLEMENT THE
INTERVENTION REQUESTED BY THE PETITION.
(2)
IF THE COUNTY BOARD DETERMINES THAT IT CANNOT
IMPLEMENT THE INTERVENTION REQUESTED BY A PETITION, FOLLOWING A
PUBLIC HEARING CONDUCTED AS PART OF A REGULARLY SCHEDULED MEETING
OF THE COUNTY BOARD REGARDING THE PETITION, THE COUNTY BOARD SHALL,
IN WRITING:
(I)
MAKE A FINDING STATING THE REASON THE COUNTY
BOARD CANNOT IMPLEMENT THE INTERVENTION REQUESTED BY THE PETITION;
AND
4
1
2
3
4
5
6
HOUSE BILL 875
(II)
DESIGNATE ANOTHER INTERVENTION THE COUNTY
BOARD SHALL IMPLEMENT IN THE SUBSEQUENT SCHOOL YEAR CONSISTENT
WITH THE REQUIREMENTS SPECIFIED IN:
1.
FEDERAL REGULATIONS AND GUIDELINES FOR
SCHOOLS SUBJECT TO RESTRUCTURING UNDER § 1116(B)(8) OF THE FEDERAL
ELEMENTARY AND SECONDARY EDUCATION ACT; AND
7
8
2.
REGULATIONS ADOPTED BY THE STATE BOARD
UNDER § 9.5–106 OF THIS TITLE.
9
9.5–105.
IF THE COUNTY BOARD INDICATES THAT IT SHALL IMPLEMENT A
10
11
12
13
14
15
16
DIFFERENT INTERVENTION FROM THE INTERVENTION REQUESTED BY THE
PETITION IN ACCORDANCE WITH § 9.5–104(B) OF THIS TITLE, THE COUNTY
BOARD SHALL NOTIFY THE STATE SUPERINTENDENT AND THE STATE BOARD
THAT THE INTERVENTION SELECTED HAS BEEN DETERMINED BY THE COUNTY
BOARD TO HAVE SUBSTANTIAL PROMISE OF ENABLING THE SCHOOL TO MEET
STATE ACCOUNTABILITY GOALS.
17
9.5–106.
18
19
(A)
THE STATE BOARD SHALL ADOPT REGULATIONS TO IMPLEMENT
THE PROVISIONS OF THIS TITLE.
20
21
22
23
24
25
(B) THE REGULATIONS ADOPTED UNDER SUBSECTION (A) OF THIS
SECTION SHALL ESTABLISH PROCEDURES FOR A COUNTY BOARD TO CERTIFY
THAT A PETITION HAS SATISFIED ALL REQUIREMENTS ESTABLISHED BY LAW
AND REGULATION RELATING TO THE PETITION, INCLUDING WHETHER THE
SIGNATURES CONTAINED IN THE PETITION ARE SUFFICIENT TO SATISFY THE
REQUIREMENTS OF § 9.5–102(B) OF THIS TITLE.
26
27
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2013.
HOUSE BILL 926
F1
3lr2152
By: Delegate Olszewski
Introduced and read first time: February 7, 2013
Assigned to: Ways and Means
A BILL ENTITLED
1
AN ACT concerning
2
County Boards of Education – Spending – Reporting Requirement
3
4
5
6
7
8
FOR the purpose of requiring each county board of education to provide a report to the
State Department of Education by certain dates on the amount of State, local,
and federal funds spent per student for certain students at each school;
requiring the Department to submit a certain report to the General Assembly
by certain dates; stating the intent of the General Assembly; and generally
relating to the amount of per student spending by each county board.
9
10
11
12
13
BY adding to
Article – Education
Section 5–119
Annotated Code of Maryland
(2008 Replacement Volume and 2012 Supplement)
14
15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
16
Article – Education
17
18
19
20
21
22
5–119.
(A)
BY OCTOBER 1, 2014, AND EVERY 3 YEARS THEREAFTER, EACH
COUNTY BOARD SHALL SUBMIT A FUNDING REPORT TO THE DEPARTMENT THAT
INCLUDES THE STATE, LOCAL, AND FEDERAL PER STUDENT SPENDING FOR:
(1)
STUDENTS QUALIFIED FOR COMPENSATORY EDUCATION
FUNDING UNDER § 5–207 OF THIS TITLE;
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0926*
2
HOUSE BILL 926
1
2
(2)
STUDENTS QUALIFIED FOR LIMITED–ENGLISH PROFICIENCY
FUNDING UNDER § 5–208 OF THIS TITLE;
3
4
(3) STUDENTS QUALIFIED FOR SPECIAL EDUCATION FUNDING
UNDER § 5–208 OF THIS TITLE;
5
(4)
MAGNET STUDENTS; AND
6
(5)
ALL OTHER STUDENTS.
7
8
(B)
THE INFORMATION REQUIRED IN SUBSECTION (A) OF THIS SECTION
SHALL BE PROVIDED FOR EACH PUBLIC SCHOOL IN THE COUNTY.
(C)
BY DECEMBER 1, 2014, AND EVERY 3 YEARS THEREAFTER, THE
9
10
11
12
13
DEPARTMENT SHALL SUBMIT A COPY OF THE REPORTS RECEIVED IN
ACCORDANCE WITH SUBSECTION (A) OF THIS SECTION TO THE GENERAL
ASSEMBLY, AS PROVIDED UNDER § 2–1246 OF THE STATE GOVERNMENT
ARTICLE.
14
15
16
17
SECTION 2. AND BE IT FURTHER ENACTED, That it is the intent of the
General Assembly that the per student amounts provided in the reports required
under § 5–119 of the Education Article as enacted by this Act represent the actual
amount of spending and not the amount budgeted per student.
18
19
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2013.
HOUSE BILL 1441
F1
3lr1130
By: Delegates Hough, Ready, Boteler, Cluster, Hershey, Hogan, Impallaria,
Jacobs, Otto, Parrott, and Szeliga
Introduced and read first time: February 20, 2013
Assigned to: Rules and Executive Nominations
A BILL ENTITLED
1
AN ACT concerning
2
3
4
Public Schools – Extracurricular Activities – Students Not Enrolled in Public
School
(Fairness for All Children Act)
5
6
7
8
FOR the purpose of authorizing a public school to allow students not enrolled in the
public school to participate in certain extracurricular activities under certain
circumstances; defining a certain term; and generally relating to allowing
participation in extracurricular activities sponsored by public schools.
9
10
11
12
13
BY adding to
Article – Education
Section 7–121
Annotated Code of Maryland
(2008 Replacement Volume and 2012 Supplement)
14
15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
16
Article – Education
17
18
19
20
21
22
23
7–121.
(A)
IN THIS SECTION, “EXTRACURRICULAR ACTIVITY” INCLUDES
INTERSCHOLASTIC
ATHLETICS,
MUSIC,
DRAMA
PROGRAMS,
STUDENT
ORGANIZATIONS, OR OTHER PROGRAMS SPONSORED BY A SCHOOL FOR WHICH A
STUDENT DOES NOT EARN ACADEMIC CREDIT.
(B)
IN
THE
A PUBLIC SCHOOL MAY ALLOW A STUDENT WHO IS NOT ENROLLED
SCHOOL
TO
PARTICIPATE
IN
AN
EXTRACURRICULAR
ACTIVITY
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1441*
2
HOUSE BILL 1441
1
2
3
4
SPONSORED BY THE SCHOOL TO THE SAME EXTENT THAT A STUDENT WHO IS
ENROLLED IN THE SCHOOL MAY PARTICIPATE IN THE EXTRACURRICULAR
ACTIVITY, IF THE STUDENT WHO IS NOT ENROLLED IS OTHERWISE ELIGIBLE BY
LAW TO ATTEND THE PUBLIC SCHOOL.
5
6
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2013.
SENATE BILL 691
F1, F5
3lr0306
CF 3lr0500
By: Senators Montgomery and Benson
Introduced and read first time: February 1, 2013
Assigned to: Education, Health, and Environmental Affairs
A BILL ENTITLED
1
AN ACT concerning
2
3
Education – Due Process Hearings for Children with Disabilities – Burden of
Proof
4
5
6
7
FOR the purpose of requiring certain public agencies to bear a certain burden of proof
in due process hearings that are held to resolve a dispute relating to the
provision of a free appropriate public education to children with disabilities; and
generally relating to the burden of proof in certain due process hearings.
8
9
10
11
12
BY repealing and reenacting, with amendments,
Article – Education
Section 8–413
Annotated Code of Maryland
(2008 Replacement Volume and 2012 Supplement)
13
14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
15
Article – Education
16
17
8–413.
(a)
(1)
In this section the following words have the meanings indicated.
18
19
20
(2)
“Administrative law judge” means an individual serving in the role
of an impartial hearing officer as required under the federal Individuals with
Disabilities Education Act.
21
22
23
(3)
“Due process complaint” means a written request for a due process
hearing filed by the parent of a child with a disability, as defined in § 8–412 of this
subtitle, or a public agency, to resolve a dispute over the identification, evaluation,
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0691*
2
SENATE BILL 691
1
2
educational placement, or the provision of free appropriate public education, in
accordance with federal law.
3
4
(4)
“Federal law” means the Individuals with Disabilities Education
Act and regulations adopted under that Act.
5
(5)
“Parent” means:
6
7
8
(i)
A child’s natural or adoptive parents, a guardian, or a
person acting as a parent of a child, such as a relative or a stepparent with whom the
child lives;
9
10
11
(ii)
A foster parent with whom a child lives if the foster parent
has been granted limited guardianship for educational decision making purposes by
the court that placed the child in foster care;
12
13
welfare; or
(iii)
Another individual who is legally responsible for the child’s
(iv)
A parent surrogate appointed in accordance with § 8–412 of
14
15
this subtitle.
16
17
18
19
(6)
“Public agency” means the State Department of Education, a local
school system, or any State agency responsible for providing education to students
with disabilities, including the Maryland School for the Blind and the Maryland
School for the Deaf.
20
21
(7)
“Resolution session” means a preliminary meeting the public
agency shall convene with the child’s parent in accordance with federal law.
22
23
24
(b)
(1)
The parent of a child with a disability or a public agency may
formally request mediation at any time to resolve any disagreement between the
parties regarding the child’s special education services or program.
25
26
27
28
(2)
If a parent files a due process complaint against a public agency
concerning the identification, evaluation, or educational placement of a student or the
provision of a free appropriate public education, any party shall be given the
opportunity to request mediation of those aspects of the decision subject to dispute.
29
30
(3)
The request for mediation may not be used to deny or delay the
parent’s rights under federal law or this section.
31
32
(4)
Any party to the mediation has the right to be accompanied and
advised by counsel.
33
34
(5)
regulations.
Mediation shall be conducted in accordance with departmental
SENATE BILL 691
3
1
2
(6)
A mediation agreement shall be in writing and is enforceable in a
court of competent jurisdiction in accordance with federal law.
3
4
5
6
(c)
(1)
Before conducting a due process hearing in accordance with
subsection (d) of this section, the public agency shall provide the parent with an
opportunity to resolve the due process complaint at a resolution session in accordance
with federal law.
7
8
(2)
A resolution session agreement shall be in writing and enforceable
in a court of competent jurisdiction in accordance with federal law.
9
10
(3)
A written resolution agreement may be voided by the parties
within 3 business days of execution in accordance with federal law.
11
12
(d)
(1)
A parent of a child with disabilities shall file a due process
complaint with the Office of Administrative Hearings and the public agency.
13
14
(2)
A public agency shall file a due process complaint with the Office of
Administrative Hearings and the parent.
15
16
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(3)
Except as provided in paragraph (4) of this subsection, the
complaining party shall file a due process complaint within 2 years of the date the
party knew or should have known about the action that forms the basis of the due
process complaint.
19
20
21
(4)
The statute of limitations described under paragraph (3) of this
subsection does not apply to a parent who is prevented from requesting a due process
hearing due to:
22
23
(i)
Specific misrepresentations made by the public agency that
it had resolved the problem that formed the basis of the due process complaint; or
24
25
(ii)
The public agency’s withholding of information that the
public agency was required to provide to the parent.
26
27
(5)
In order to conduct a hearing, the Office of Administrative
Hearings shall appoint an administrative law judge who:
28
29
(i)
Is an
Administrative Hearings; and
30
31
(ii)
Meets the requirements of a due process hearing officer in
accordance with federal law.
administrative
law
judge
in
the
Office
of
4
SENATE BILL 691
1
2
3
(6)
Unless the parent and the public agency otherwise agree, during
the course of any administrative or judicial proceeding, the child must remain in the
last approved placement in accordance with federal law.
4
5
6
(7)
If the hearing concerns the initial admission of a child into a public
school, the child with the consent of the parent must be placed in the public school
program until the proceedings have been completed.
7
8
(8)
A PUBLIC AGENCY SHALL HAVE THE BURDEN OF PROOF IN A
DUE PROCESS PROCEEDING CONDUCTED UNDER THIS SECTION.
9
10
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12
(e)
(1)
The administrative law judge appointed under subsection (d) of
this section shall conduct the hearing in accordance with federal law, Title 10 of the
State Government Article, and the Office of Administrative Hearings Rules of
Administrative Procedure, and may:
13
14
15
(i)
After review of the educational records of the child, dismiss
any request for review which does not relate to a matter described in subsection (d)(1)
of this section;
16
17
(ii)
Require the parties to attend a prehearing conference prior
to the due process hearing;
18
(iii)
Hear any testimony that it considers relevant;
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20
21
22
(iv) Require an independent evaluation or call an impartial
expert witness in the diagnosis or education of students with disabilities whose
testimony shall be on the record and whose costs shall be paid by the State Education
Agency; and
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party.
25
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27
(2)
The provisions of the Family Educational Rights and Privacy Act
and 34 C.F.R. Part 99 shall apply to school records sought by the impartial expert
witness.
28
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30
(3)
If the parties cannot agree on an impartial expert witness, each
party shall be given the opportunity to submit a list of possible experts, and the
administrative law judge shall decide which impartial expert witness to call.
31
32
33
34
(v)
(f)
(1)
Administer oaths to witnesses at the hearing on request of a
Any party to the hearing has the right to:
(i)
Be accompanied and be advised by counsel and individuals
with special knowledge or training with respect to the problems of children with
disabilities;
SENATE BILL 691
5
1
2
(ii)
Present evidence and confront, cross–examine, and compel
the attendance of witnesses;
3
4
(iii) Prohibit the introduction of any evidence at the hearing
which has not been disclosed to all parties at least 5 days before the hearing;
5
6
(iv)
Obtain a written or electronic verbatim record of the
(v)
Obtain written findings of fact and decisions.
hearing; and
7
8
(2)
Parents involved in the hearings must be given the right to:
9
(i)
Have the child who is the subject of the hearing present; and
10
(ii)
Open the hearing to the public.
11
12
13
(g)
(1)
The decision of the administrative law judge shall be made on
substantive grounds based on the determination of whether the child received a free
appropriate public education.
14
15
16
(2)
In matters alleging a procedural violation, an administrative law
judge may find that the child did not receive a free appropriate public education only if
the procedural inadequacies:
17
18
education;
19
20
21
(ii)
Significantly impeded the parents’ opportunity to participate
in the educational decision making process regarding the provision of a free
appropriate public education to the parents’ child; or
22
(i)
(iii)
Impeded the child’s right to a free appropriate public
Caused a deprivation of educational benefits.
23
24
25
(h)
The hearing shall be held and a written decision shall be issued within
the time periods established by federal law. The administrative law judge may grant a
specific extension of time at the request of either party.
26
27
28
29
30
31
(i)
If, at the time of the due process complaint, the child who is the subject of
the hearing is not enrolled and attending an approved educational program or, if the
due process complaint is over the placement or manifestation determination of a child,
due to a violation of the rules of conduct, an expedited hearing shall occur within 20
school days of the date the hearing is requested and shall result in a decision within
10 school days of the hearing.
32
33
(j)
Within 120 calendar days of the issuance of the hearing decision, any
party to the hearing may file an appeal from a final decision of the Office of
6
SENATE BILL 691
1
2
Administrative Hearings to the federal District Court for Maryland or to the circuit
court for the county in which the child resides.
3
4
5
6
7
(k)
(1)
A public agency is not required to pay for the cost of education,
including special education and related services, for a child with a disability at a
private or nonpublic school if the public agency made a free appropriate public
education available to the child and the parent of the child elected to place the child in
such a school or facility.
8
9
10
11
12
13
14
(2)
If the parent of a child with a disability, who previously received
special education and related services under the authority of a public agency, enrolls
the child in a nonpublic school or facility without the consent of or referral by the
public agency, an administrative law judge or a court may require the public agency to
reimburse the parent for the costs of the placement enrollment if the administrative
law judge or court determines that the public agency had not made a free appropriate
public education available to the child in a timely manner prior to that enrollment.
15
16
(3)
Reimbursement may be reduced or denied by the administrative
law judge or court in accordance with federal law.
17
18
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2013.
Positions on Proposed Legislation
Consistent with Adopted 2013 Legislative Platform
Attachment B
Fiscal
HB1033
Sponsor
Education - Taxpayers' Savings Act
Delegate Stocksdale
Synopsis
FOR the purpose of authorizing a certain parent or legal guardian to receive reimbursement of tuition
paid to a certain nonpublic school, under certain circumstances; establishing the eligibility for and the
amount of the reimbursement; prohibiting reimbursement in an amount that is more than a certain cost;
prohibiting the use of federal funds for reimbursement; requiring certain counties to include certain
students in their full–time equivalent enrollment; requiring that certain funds be subtracted from State
financial assistance to a county; requiring a county board to remit payment within a certain number of
days after receipt of a certain request from a parent or legal guardian; requiring the Comptroller to adopt
certain regulations, in consultation with the State Department of Education, and to submit a certain
annual report; establishing the autonomy of certain schools; requiring certain county boards to provide
school records and transportation for certain students, under certain circumstances; requiring the State
Department of Education to adopt certain regulations; defining certain terms; and generally relating to
tuition reimbursement for enrollment in nonpublic schools.
Analysis
This bill provides that a parent or legal guardian of a student attending a nonpublic school shall be eligible
for reimbursement of tuition paid to cover the cost of attendance at the school. Students who are eligible
to attend nonpublic schools are those who are entering kindergarten or attended public school in the
preceding year. This would make nearly 150,000 students in Montgomery County eligible to attend
nonpublic schools at the Board of Education’s expense. The Board of Education still would be
responsible for the provision of transportation for these students.
Montgomery County Public Schools (MCPS) already covers the cost of special education students placed
in nonpublic schools. There is no need to reimburse parents or legal guardians for the cost of these
students since they do not pay the tuition. In addition, MCPS pays for the transportation of these special
education students to their nonpublic school locations.
Enrollment into a nonpublic school is by parent choice in most cases. If this legislation is to permit school
choice vouchering, then it should be opposed on the basis that MCPS is already recognized as one of if
not the best school system in the country, and there is no need or benefit to introduce school choice
vouchering into the county.
Recommendation: Oppose
Curriculum
HB1417
Sponsor
Public Schools - Cardiopulmonary Resuscitation and Automated External
Defibrillator Instruction - Graduation Requirement
Delegates Lee, Frush, Guzzone, Ivey, Jones, A. Miller, Nathan-Pulliam, Simmons,
and Walker
Synopsis
FOR the purpose of requiring a public school student to complete instruction in cardiopulmonary
resuscitation and the use of an automated external defibrillator to graduate from high school beginning
with students entering a certain grade in a certain year; requiring each county board of education to
provide instruction in cardiopulmonary resuscitation and the use of an automated external defibrillator in
certain schools beginning in a certain year and using a certain instructional program and incorporating
certain skills; requiring, if the instruction is offered for certification, a certain individual to conduct the
instruction; authorizing, if the instruction is not offered for certification, a certain individual to facilitate,
provide, or oversee the instruction; requiring the State Department of Education to develop a process to
monitor the implementation of certain provisions of law; authorizing the State Superintendent of Schools,
with the approval of the State Board of Education, to request that the State Comptroller withhold certain
funds if a local school system fails to comply with certain requirements; requiring the Comptroller to
withhold certain funds until receiving a certain notice; defining certain terms; and generally relating to
instruction in cardiopulmonary resuscitation and the use of an automated external defibrillator and high
school graduation requirements in the State.
Analysis
This legislation would require that public middle school and high school students, Grades 7–12, complete
instruction in cardiopulmonary resuscitation (CPR) and the use of an automated external defibrillator
(AED) to graduate from high school. It would require the use of an instructional program developed by
the American Heart Association or the American Red Cross consistent with the most current national
evidence-based emergency cardiovascular care guidelines for CPR and the use of an AED. The State
Board of Education, in conjunction with local boards, should continue to be responsible for developing
and implementing curriculum.
Recommendation: Oppose
Calendar
HB1462
Sponsor
Task Force to Study a Later Starting Time for Maryland Public Schools
Delegates A. Miller, Arora, Barve, Bobo, Carr, Cullison, Dumais, Feldman, Frick,
George, Gutierrez, Guzzone, Hucker, A. Kelly, McMillan, Pena-Melnyk, Schuh,
Stukes, F. Turner, and Waldstreicher
Synopsis
FOR the purpose of establishing the Task Force to Study a Later Starting Time for Maryland Public
Schools; providing for the composition, chair, and staffing of the Task Force; prohibiting Task Force
members from receiving compensation, but authorizing reimbursement for certain expenses under the
Standard State Travel Regulations; requiring the Task Force to study and make recommendations relating
to a later starting time for Maryland public schools; requiring the Task Force to submit a certain report to
the Governor and the General Assembly on or before a certain date; providing for the termination of this
Act; and generally relating to the Task Force to Study a Later Starting Time for Maryland Public Schools.
Analysis
This bill would establish a statewide Task Force to study starting bell times for schools in the state of
Maryland. The Task Force would study and make recommendations relating to a later starting time, 8:00
a.m., for all Maryland public schools and requires the Task Force to submit a report to the Governor and
the Maryland General Assembly.
Montgomery County Public Schools (MCPS) has a work group reviewing this subject already underway
and includes representation as suggested in this bill. Implications for potential options are unique to
MCPS and as such, a statewide committee could not adequately represent MCPS and all other local
education agencies. Just as the decision to start school before or after Labor Day belongs to each district,
so should the start times for when elementary, middle, and high schools begin their days. It is
disconcerting that the legislature potentially could dictate a start time statewide not to begin the school
day prior to 8:00 a.m. Should any change in start times occur in MCPS, a great deal of stakeholder input
would occur. The MCPS High School Bell Times Work Group is scheduled to transmit options with
implications to the superintendent of schools before the end of June.
Recommendation: Oppose
HOUSE BILL 1033
F1
3lr2548
By: Delegate Stocksdale
Introduced and read first time: February 8, 2013
Assigned to: Ways and Means
A BILL ENTITLED
1
AN ACT concerning
2
Education – Taxpayers’ Savings Act
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
FOR the purpose of authorizing a certain parent or legal guardian to receive
reimbursement of tuition paid to a certain nonpublic school, under certain
circumstances; establishing the eligibility for and the amount of the
reimbursement; prohibiting reimbursement in an amount that is more than a
certain cost; prohibiting the use of federal funds for reimbursement; requiring
certain counties to include certain students in their full–time equivalent
enrollment; requiring that certain funds be subtracted from State financial
assistance to a county; requiring a county board to remit payment within a
certain number of days after receipt of a certain request from a parent or legal
guardian; requiring the Comptroller to adopt certain regulations, in
consultation with the State Department of Education, and to submit a certain
annual report; establishing the autonomy of certain schools; requiring certain
county boards to provide school records and transportation for certain students,
under certain circumstances; requiring the State Department of Education to
adopt certain regulations; defining certain terms; and generally relating to
tuition reimbursement for enrollment in nonpublic schools.
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BY adding to
Article – Education
Section 5–216
Annotated Code of Maryland
(2008 Replacement Volume and 2012 Supplement)
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
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Article – Education
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1033*
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HOUSE BILL 1033
5–216.
(A)
(1)
IN THIS SECTION THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.
(2)
“ELIGIBLE NONPUBLIC SCHOOL” MEANS A NONPUBLIC
KINDERGARTEN, ELEMENTARY SCHOOL, OR SECONDARY SCHOOL IN THE STATE
THAT HOLDS A CERTIFICATE OF APPROVAL FROM OR IS REGISTERED WITH THE
STATE BOARD.
(3)
“ELIGIBLE STUDENT” MEANS A CHILD WHO RESIDES IN THE
STATE AND WHO:
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(I)
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(II)
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IS ENTERING KINDERGARTEN; OR
ATTENDED A PUBLIC SCHOOL IN THE SCHOOL YEAR
IMMEDIATELY PRECEDING INITIAL PARTICIPATION IN THE PROGRAM.
(B)
A PARENT OR LEGAL GUARDIAN OF AN ELIGIBLE STUDENT SHALL
BE ELIGIBLE TO RECEIVE REIMBURSEMENT OF TUITION PAID TO COVER THE
COST OF ATTENDANCE OF THE ELIGIBLE STUDENT AT AN ELIGIBLE NONPUBLIC
SCHOOL.
(C)
(1)
AN ELIGIBLE STUDENT SHALL QUALIFY FOR AN ANNUAL
REIMBURSEMENT TO ATTEND AN ELIGIBLE NONPUBLIC SCHOOL IN AN AMOUNT
EQUAL TO THE LESSER OF:
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(I)
THE TUITION PAID; OR
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(II)
60% OF THE ANNUAL PER PUPIL AID THE COUNTY
BOARD WOULD HAVE RECEIVED TO EDUCATE THE ELIGIBLE STUDENT FROM
STATE AND LOCAL SOURCES HAD THE STUDENT ENROLLED IN A PUBLIC SCHOOL
IN THE COUNTY.
(2)
AN ELIGIBLE STUDENT MAY NOT RECEIVE REIMBURSEMENT
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IN AN AMOUNT THAT IS MORE THAN THE COST OF TUITION AT THE ELIGIBLE
NONPUBLIC SCHOOL OF ATTENDANCE.
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(D) FEDERAL FUNDS MAY NOT BE USED FOR REIMBURSEMENT UNDER
THIS SECTION.
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(E)
REIMBURSEMENT SHALL BE MADE AVAILABLE TO EACH ELIGIBLE
STUDENT UNTIL THE EARLIER OF:
HOUSE BILL 1033
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(1)
COMPLETION OF HIGH SCHOOL; OR
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(2)
THE STUDENT’S 21ST BIRTHDAY.
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(F)
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(1)
A COUNTY SHALL INCLUDE AN ELIGIBLE STUDENT THAT
RECEIVES REIMBURSEMENT UNDER THIS SECTION IN THE COUNTY’S FULL–TIME
EQUIVALENT ENROLLMENT UNDER § 5–202 OF THIS SUBTITLE.
(2)
ANY FUNDS USED FOR REIMBURSEMENT UNDER THIS
SECTION SHALL BE SUBTRACTED FROM THE STATE FINANCIAL ASSISTANCE FOR
PUBLIC EDUCATION TO THE COUNTY.
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THE COUNTY SHALL RECEIVE THE REMAINING FINANCIAL
ASSISTANCE IN EXCESS OF THE FUNDS NEEDED FOR REIMBURSEMENT.
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(4) THE COUNTY BOARD SHALL REMIT PAYMENT TO THE PARENT
OR LEGAL GUARDIAN OF AN ELIGIBLE STUDENT WITHIN 30 DAYS AFTER
RECEIPT OF THE PARENT’S OR LEGAL GUARDIAN’S REQUEST FOR
REIMBURSEMENT UNDER THIS SECTION.
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(3)
(G)
(1) THE COMPTROLLER, IN CONSULTATION WITH THE
DEPARTMENT, SHALL ADOPT REGULATIONS NECESSARY TO CARRY OUT THE
PROVISIONS OF THIS SECTION.
(2)
ON
OR BEFORE OCTOBER 1 OF EACH YEAR, THE
COMPTROLLER SHALL SUBMIT TO THE GOVERNOR AND, IN ACCORDANCE WITH
§ 2–1246 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY A
REPORT ON:
(I)
THE NUMBER AND AMOUNT OF REIMBURSEMENTS
CLAIMED; AND
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THE NUMBER OF ELIGIBLE NONPUBLIC SCHOOLS
ENROLLING ELIGIBLE STUDENTS.
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(H) THIS SECTION DOES NOT EXPAND THE REGULATORY AUTHORITY OF
THE STATE OR A LOCAL SCHOOL SYSTEM TO IMPOSE ANY ADDITIONAL
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(II)
REGULATION OF NONPUBLIC SCHOOLS BEYOND THOSE REASONABLY
NECESSARY TO CARRY OUT THE REQUIREMENTS OF THIS SECTION.
(I)
A COUNTY BOARD SHALL PROVIDE:
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HOUSE BILL 1033
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(1)
TO AN ELIGIBLE NONPUBLIC SCHOOL THAT HAS ADMITTED AN
ELIGIBLE STUDENT UNDER THIS SECTION, A COMPLETE COPY OF THE
STUDENT’S
SCHOOL
RECORDS
IN COMPLIANCE
WITH
THE
FAMILY
EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974 ESTABLISHED UNDER 20
U.S.C. § 1232(G); AND
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(2) TRANSPORTATION FOR THE ELIGIBLE STUDENT TO AND FROM
THE ELIGIBLE NONPUBLIC SCHOOL UNDER THE SAME CONDITIONS AS THE
COUNTY BOARD IS REQUIRED TO PROVIDE TRANSPORTATION FOR OTHER
RESIDENT CHILDREN TO NONPUBLIC SCHOOLS.
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(J)
THE DEPARTMENT SHALL ADOPT REGULATIONS TO IMPLEMENT
THIS SECTION.
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2013.
HOUSE BILL 1417
F1
3lr2989
CF SB 929
By: Delegates Lee, Frush, Guzzone, Ivey, Jones, A. Miller, Nathan–Pulliam,
Simmons, and Walker
Introduced and read first time: February 15, 2013
Assigned to: Rules and Executive Nominations
A BILL ENTITLED
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AN ACT concerning
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Public Schools – Cardiopulmonary Resuscitation and Automated External
Defibrillator Instruction – Graduation Requirement
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FOR the purpose of requiring a public school student to complete instruction in
cardiopulmonary resuscitation and the use of an automated external
defibrillator to graduate from high school beginning with students entering a
certain grade in a certain year; requiring each county board of education to
provide instruction in cardiopulmonary resuscitation and the use of an
automated external defibrillator in certain schools beginning in a certain year
and using a certain instructional program and incorporating certain skills;
requiring, if the instruction is offered for certification, a certain individual to
conduct the instruction; authorizing, if the instruction is not offered for
certification, a certain individual to facilitate, provide, or oversee the
instruction; requiring the State Department of Education to develop a process to
monitor the implementation of certain provisions of law; authorizing the State
Superintendent of Schools, with the approval of the State Board of Education, to
request that the State Comptroller withhold certain funds if a local school
system fails to comply with certain requirements; requiring the Comptroller to
withhold certain funds until receiving a certain notice; defining certain terms;
and generally relating to instruction in cardiopulmonary resuscitation and the
use of an automated external defibrillator and high school graduation
requirements in the State.
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BY adding to
Article – Education
Section 7–205.1
Annotated Code of Maryland
(2008 Replacement Volume and 2012 Supplement)
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1417*
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HOUSE BILL 1417
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
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Article – Education
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7–205.1.
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(A)
IN THIS SECTION THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.
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(2) “AUTOMATED EXTERNAL DEFIBRILLATOR” HAS THE MEANING
STATED IN § 13–517 OF THIS ARTICLE.
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(1)
(3)
“PSYCHOMOTOR SKILLS” MEANS THE USE OF HANDS–ON
PRACTICING TO SUPPORT COGNITIVE LEARNING.
(B)
BEGINNING WITH STUDENTS ENTERING GRADE 9 IN THE 2013–2014
SCHOOL YEAR, TO GRADUATE FROM A PUBLIC HIGH SCHOOL, A STUDENT SHALL
COMPLETE INSTRUCTION IN CARDIOPULMONARY RESUSCITATION AND THE USE
OF AN AUTOMATED EXTERNAL DEFIBRILLATOR.
(C)
BEGINNING IN THE 2014–2015 SCHOOL YEAR, EACH COUNTY BOARD
SHALL PROVIDE INSTRUCTION IN CARDIOPULMONARY RESUSCITATION AND THE
USE OF AN AUTOMATED EXTERNAL DEFIBRILLATOR IN EVERY PUBLIC SCHOOL
THAT ENROLLS STUDENTS IN ANY OF THE GRADES 7 THROUGH 12 IN THE
COUNTY.
(D)
THE INSTRUCTION REQUIRED UNDER SUBSECTIONS (B) AND (C) OF
THIS SECTION SHALL:
(1)
USE AN INSTRUCTIONAL PROGRAM THAT IS:
(I)
DEVELOPED BY THE AMERICAN HEART ASSOCIATION
OR THE AMERICAN RED CROSS; OR
(II)
APPROVED BY THE DEPARTMENT AND THE COUNTY
BOARD AND IS NATIONALLY RECOGNIZED AND BASED ON THE MOST CURRENT
NATIONAL EVIDENCE–BASED EMERGENCY CARDIOVASCULAR CARE GUIDELINES
FOR CARDIOPULMONARY RESUSCITATION AND THE USE OF AN AUTOMATED
EXTERNAL DEFIBRILLATOR; AND
(2)
INCORPORATE THE PSYCHOMOTOR SKILLS NECESSARY TO
PERFORM CARDIOPULMONARY RESUSCITATION
AUTOMATED EXTERNAL DEFIBRILLATOR.
AND
THE
USE
OF
AN
HOUSE BILL 1417
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(E) (1) IF THE INSTRUCTION REQUIRED UNDER SUBSECTIONS (B)
AND (C) OF THIS SECTION IS OFFERED FOR CERTIFICATION, THE COURSE MUST
BE CONDUCTED BY AN INDIVIDUAL WHO IS CERTIFIED BY THE AMERICAN
HEART ASSOCIATION, THE AMERICAN RED CROSS, OR A SIMILAR NATIONALLY
RECOGNIZED
ENTITY
AS
AN
INSTRUCTOR
OF
CARDIOPULMONARY
RESUSCITATION AND THE USE OF AN AUTOMATED EXTERNAL DEFIBRILLATOR.
(2)
IF THE INSTRUCTION REQUIRED UNDER SUBSECTIONS (B)
AND (C) OF THIS SECTION IS NOT OFFERED FOR CERTIFICATION, A LICENSED
TEACHER WHO IS NOT A CERTIFIED INSTRUCTOR OF CARDIOPULMONARY
RESUSCITATION AND THE USE OF AN AUTOMATED EXTERNAL DEFIBRILLATOR
MAY FACILITATE, PROVIDE, OR OVERSEE THE INSTRUCTION.
(F)
THE DEPARTMENT SHALL DEVELOP A PROCESS TO MONITOR THE
IMPLEMENTATION OF THE REQUIREMENTS ESTABLISHED UNDER THIS SECTION.
(G)
(1)
IF A
(2)
(I)
COUNTY BOARD FAILS TO COMPLY WITH THE
REQUIREMENTS OF THIS SECTION, THE STATE SUPERINTENDENT, WITH THE
APPROVAL OF THE STATE BOARD, MAY REQUEST THE COMPTROLLER TO
WITHHOLD UP TO 5% OF THE NEXT INSTALLMENT AND EACH SUBSEQUENT
INSTALLMENT DUE THE COUNTY BOARD FROM THE GENERAL STATE SCHOOL
FUND.
IF THE STATE SUPERINTENDENT MAKES A REQUEST
UNDER PARAGRAPH (1) OF THIS SUBSECTION, THE COMPTROLLER SHALL
WITHHOLD THE REQUESTED PERCENT OF THE NEXT INSTALLMENT AND EACH
SUBSEQUENT INSTALLMENT DUE THE COUNTY BOARD FROM THE GENERAL
STATE SCHOOL FUND.
(II)
IF THE STATE SUPERINTENDENT FINDS THAT THE
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COUNTY BOARD IS IN FULL COMPLIANCE WITH THE REQUIREMENTS OF THIS
SECTION, THE STATE SUPERINTENDENT SHALL NOTIFY THE COMPTROLLER
AND THE COMPTROLLER SHALL RESUME DISTRIBUTION OF THE FULL AMOUNT
OF THE NEXT INSTALLMENT AND EACH SUBSEQUENT INSTALLMENT DUE THE
COUNTY BOARD.
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2013.
HOUSE BILL 1462
F1
3lr3261
By: Delegates A. Miller, Arora, Barve, Bobo, Carr, Cullison, Dumais, Feldman,
Frick, George, Gutierrez, Guzzone, Hucker, A. Kelly, McMillan,
Pena–Melnyk, Schuh, Stukes, F. Turner, and Waldstreicher
Introduced and read first time: February 22, 2013
Assigned to: Rules and Executive Nominations
A BILL ENTITLED
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AN ACT concerning
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Task Force to Study a Later Starting Time for Maryland Public Schools
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FOR the purpose of establishing the Task Force to Study a Later Starting Time for
Maryland Public Schools; providing for the composition, chair, and staffing of
the Task Force; prohibiting Task Force members from receiving compensation,
but authorizing reimbursement for certain expenses under the Standard State
Travel Regulations; requiring the Task Force to study and make
recommendations relating to a later starting time for Maryland public schools;
requiring the Task Force to submit a certain report to the Governor and the
General Assembly on or before a certain date; providing for the termination of
this Act; and generally relating to the Task Force to Study a Later Starting
Time for Maryland Public Schools.
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That:
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(a)
There is a Task Force to Study a Later Starting Time for Maryland
Public Schools.
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(b)
The Task Force consists of the following members:
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(1)
two members of the Senate of Maryland, appointed by the
President of the Senate;
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(2)
of the House;
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(3)
two members of the House of Delegates, appointed by the Speaker
the following members, appointed by the Governor:
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1462*
2
HOUSE BILL 1462
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(i)
one representative of the State Board of Education;
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(ii)
one representative of the Maryland Boards of Education;
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(iii)
one representative of the Maryland State Education
Association;
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(iv) one
Secondary School Principals;
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(v)
one representative of the Department of Health and Mental
Hygiene who has expertise in adolescent health issues;
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(vi) one mental health professional who specializes in young
adult and adolescent health issues;
representative
of
the
Maryland
Association
for
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(vii)
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(viii) one doctor who specializes in sleep disorders;
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(ix)
one representative from the Maryland Department of
Transportation;
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(x)
one parent of a student enrolled in a Maryland public middle
or high school;
(xi)
one student enrolled in a Maryland public high school; and
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one pediatrician who has expertise in adolescent healthcare;
(xii) one representative who is an athletic director or a coach
employed by a Maryland public middle or high school who has expertise in
after–school sports activities.
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(c)
The Governor shall designate the chair of the Task Force.
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(d)
The State Department of Education shall provide staff for the Task Force.
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(e)
A member of the Task Force:
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(1)
may not receive compensation as a member of the Task Force; but
(2)
is entitled to reimbursement for expenses under the Standard
State Travel Regulations, as provided in the State budget.
(f)
The Task Force shall:
(1)
review the science on the sleep needs of adolescents, including
effects of sleep deprivation on academic performance and benefits of sufficient sleep;
HOUSE BILL 1462
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(2)
review and study how other school systems have implemented
later school day starting times and how various activities in those school systems were
impacted and scheduled around the changes; and
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(3)
make recommendations regarding whether public schools in the
State should implement a starting time of no earlier than 8:00 a.m.
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(g)
On or before December 31, 2013, the Task Force shall report its findings
and recommendations to the Governor and, in accordance with § 2–1246 of the State
Government Article, the General Assembly.
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2013. It shall remain effective for a period of 6 months and, at the end of
December 31, 2013, with no further action required by the General Assembly, this Act
shall be abrogated and of no further force and effect.