Top Banner
MONTGOMERY COUNTY BOARD OF EDUCATION Rockville, Maryland January 9, 2020 MEMORANDUM To: Members of the Board of Education From: Danielle M. Susskind Coordinator, Legislative Affairs Subject: Recommended Positions on Education Legislation The purpose of this memorandum is to provide information regarding proposed legislation that could impact Montgomery County Public Schools (MCPS). These bills have been analyzed to determine any impact on MCPS, as well as whether or not they are consistent with the legislative annual priorities (hereafter platform) that were adopted by the Board on October 28, 2019. Attachment A provides the recommended positions on the bills not covered by the platform that may require a position from the Board. Attachment B contains a list of bills that are covered under the platform and for which no action is necessary. Each bill is listed below with a hyperlink to the bill text. To access the text online, right click each hyperlink (bill number). Bills with Recommended Positions (Attachment A) MC 20-20: Montgomery County- Residential Property Advertisements and Sales- School District Information HB0007: Environment - Public and Nonpublic Schools - Inspections for Mold Hazards and Mold or Moisture Problems HB0015: Public Schools - Student Health - Certificate of Dental Health HB0026: Attendance of Students - Lawful Absences - Mental Illness HB0042/SB0067: Public Information Act - Applications for Inspection - Responses and Time Limits Draft Bills without numbers yet: Education - Educational Interpreters - Certification Requirements Education- Lunch Shaming Education- Bronchodilator Availability and Use DISCUSSION/ACTION
14

Rockville, Maryland January 9, 2020 MEMORANDUM · 2020. 6. 6. · Rockville, Maryland January 9, 2020 MEMORANDUM To: Members of the Board of Education From: Danielle M. Susskind Coordinator,

Sep 23, 2020

Download

Documents

dariahiddleston
Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
Page 1: Rockville, Maryland January 9, 2020 MEMORANDUM · 2020. 6. 6. · Rockville, Maryland January 9, 2020 MEMORANDUM To: Members of the Board of Education From: Danielle M. Susskind Coordinator,

MONTGOMERY COUNTY BOARD OF EDUCATION

Rockville, Maryland

January 9, 2020

MEMORANDUM

To: Members of the Board of Education

From: Danielle M. Susskind

Coordinator, Legislative Affairs

Subject: Recommended Positions on Education Legislation

The purpose of this memorandum is to provide information regarding proposed legislation that

could impact Montgomery County Public Schools (MCPS). These bills have been analyzed to

determine any impact on MCPS, as well as whether or not they are consistent with the legislative

annual priorities (hereafter platform) that were adopted by the Board on October 28, 2019.

Attachment A provides the recommended positions on the bills not covered by the platform that

may require a position from the Board. Attachment B contains a list of bills that are covered under

the platform and for which no action is necessary.

Each bill is listed below with a hyperlink to the bill text. To access the text online, right click each

hyperlink (bill number).

Bills with Recommended Positions (Attachment A)

MC 20-20: Montgomery County- Residential Property Advertisements and Sales- School

District Information

HB0007: Environment - Public and Nonpublic Schools - Inspections for Mold Hazards

and Mold or Moisture Problems

HB0015: Public Schools - Student Health - Certificate of Dental Health

HB0026: Attendance of Students - Lawful Absences - Mental Illness

HB0042/SB0067: Public Information Act - Applications for Inspection - Responses and

Time Limits

Draft Bills without numbers yet:

Education - Educational Interpreters - Certification Requirements

Education- Lunch Shaming

Education- Bronchodilator Availability and Use

DISCUSSION/ACTION

Page 2: Rockville, Maryland January 9, 2020 MEMORANDUM · 2020. 6. 6. · Rockville, Maryland January 9, 2020 MEMORANDUM To: Members of the Board of Education From: Danielle M. Susskind Coordinator,

Bills Covered Under the Platform (Attachment B)

MC 08-20: Montgomery County Public Campaign Financing- Board of Education

MC 13-20: Montgomery County Board of Education- Compensation

HB0019: Education - Required Number of School Days or Hours

SB0034: Consumer Protection - Scanning or Swiping Identification Cards and Driver's

Licenses – Prohibition

SB0076: Legal Holiday - Maryland Emancipation Day – Establishment

SB0078: Public Schools - Student Discipline Regulations - Remedial Measures

Bills for Information (No Attachment)

MC 14-20: Montgomery County- Authority of County Council over Inspector General-

Montgomery County Public Schools

HB0001/SB0001: Built to Learn Act of 2020

I will continue to monitor the proposed legislation and bring you recommended positions on

additional bills that will impact the Montgomery County Public Schools.

Attachments

DMS:dms

Page 3: Rockville, Maryland January 9, 2020 MEMORANDUM · 2020. 6. 6. · Rockville, Maryland January 9, 2020 MEMORANDUM To: Members of the Board of Education From: Danielle M. Susskind Coordinator,

Recommended Positions on Proposed Legislation ATTACHMENT A

MC 20-20 Montgomery County - Residential Property Advertisements and Sales - School

District Information

Sponsor Delegates Moon, Acevero, Charkoudian, Crutchfield, Cullison, Luedtke, Palakovich

Carr, & Stewart

Synopsis

For the purpose of prohibiting a certain real estate broker, associate real estate broker, or real estate

salesperson from including the name of a certain school district in an advertisement for the sale or rental

of certain residential property in Mont. Co.; providing that certain provisions of law do not prohibit a

certain real estate broker, assoc. real estate broker, or real estate salesperson from including the name of

a certain school district in a certain written communication under certain circumstances; requiring the

State Real Estate Commission to enforce certain provisions of law; requiring a contract for the sale of

single–family residential real property in Mont. Co. to contain a certain notice concerning school district

boundary changes; establishing that a certain contract may not be voided under certain circumstances;

defining a certain term; and generally relating to notice of school district information in the sale of

residential real property in Mont. Co.

Analysis

This bill would disallow real estate agents from including the schools within the district that a home is

assigned to and adding language telling potential buyers that school assignments can change because

school boundaries are the purview of the Board of Education.

Recommendation: No Position

Ways and Means

HB0007 Environment - Public and Nonpublic Schools - Inspections for Mold Hazards and

Mold or Moisture Problems

Sponsor Delegate Healey

Synopsis

For the purpose of requiring the Department of the Environment, in consultation with the State

Department of Education, the Department of General Services, and Maryland Occupational Safety and

Health, to adopt certain regulations to require periodic inspections for the presence of mold hazards and

mold or moisture problems in each occupied public or nonpublic school facility in the State; requiring

the Department of the Environment, before adopting certain regulations, to gather information about

certain inspection processes, protocols, and efforts to address mold or moisture problems; requiring

certain entities to complete certain remedial measures and notification requirements if an inspection

indicates the presence of a mold hazard or a mold or moisture problem; requiring the Department of the

Environment to develop and maintain a system for receiving public input and addressing concerns related

to mold hazards or mold or moisture problems in schools; authorizing the Department of the

Environment, in consultation with the State Department of Education, to grant a waiver from certain

inspection requirements to a local school system, a public school, or a nonpublic school under certain

Page 4: Rockville, Maryland January 9, 2020 MEMORANDUM · 2020. 6. 6. · Rockville, Maryland January 9, 2020 MEMORANDUM To: Members of the Board of Education From: Danielle M. Susskind Coordinator,

Recommended Positions on Proposed Legislation ATTACHMENT A

circumstances; requiring the Department of the Environment and the State Department of Education

jointly to submit a report that includes certain information to the Governor and the General Assembly

on or before a certain date each year; requiring the Department of the Environment to establish a certain

stakeholder group to provide advice and make recommendations regarding the development of certain

regulations; requiring a certain stakeholder group to include representatives from certain entities;

defining certain terms; and generally relating to inspections for mold hazards and mold or moisture

problems in public and nonpublic schools

Analysis

Although the intentions of the proposed legislation appear to be well-intended (inspection, mediating,

notification of mold hazards) there may be challenges aligning the requirements of this legislation with

existing OSHA, EPA and CDC guidance about mold in schools. Guidance from these other agencies

generally is considered best practices and used by many entities—including school systems.

At a minimum, language in this bill should specifically require school systems to follow federal standards

and practices. It may be possible to enhance the mechanisms to monitor school system compliance with

these federal requirements without establishing conflicting state requirements. Requested amendments

would clarify the language to only require school systems to follow federal standards and practices.

Recommendation: Support with Amendment

Ways and Means

HB0015 Public Schools - Student Health - Certificate of Dental Health

Sponsor Delegate Harrison

Synopsis

House Bill 15 Certificate of Dental Health Requirements:

• Students would have to submit a certificate of dental health, on a schedule to be determined by

the Maryland State Department of Education (MSDE) and the Maryland Department of Health

(MDH), beginning in the 2022–2023 school year.

• This bill would set forth requirements for dental health that are comparable to what currently is

required for students in terms of physical and medical health.

Analysis

• Montgomery County Public Schools (MCPS) understands the importance of oral health and how

poor oral health significantly increases the likelihood of student absenteeism and lower school

performance (disproportionately affecting low income families).

• Poor oral health can affect quality of life, self-esteem, psychosocial development, and nutrition

and physical growth. Tooth abscesses from untreated poor oral health also can lead to more

significant and potentially life threatening infections.

• This bill places the responsibility of obtaining and paying for a dental examination and a

certificate of dental health on families. The National Association of Dental Plans estimates that

about 75% of Americans had dental benefits by the end of 2016 with the majority receiving such

Page 5: Rockville, Maryland January 9, 2020 MEMORANDUM · 2020. 6. 6. · Rockville, Maryland January 9, 2020 MEMORANDUM To: Members of the Board of Education From: Danielle M. Susskind Coordinator,

Recommended Positions on Proposed Legislation ATTACHMENT A

benefits through their employers. Health insurance purchased through Maryland Health

Connection includes dental benefits for minors. Uninsured children may receive dental benefits

through Care for Kids.

• Requiring a certificate of dental health to enroll in public school could place an undue financial

burden on a large number of Montgomery County families and their children. Even families with

dental benefits may be faced with large co-payments.

• This bill, while intending to support children and increase availability for learning, would unduly

penalize mid- to low-income families. Mid- to low-income families are more likely to work for

employers who do not offer dental benefits. Even families with dental benefits may be faced

with high deductibles and/or co-payments, especially on more expensive dental procedures.

• Penalizing students that cannot meet this requirement, without offering state and local assurances

of access to free or reasonable dental care, does not help children learn and achieve.

Recommendation: Oppose

Ways and Means

HB0026 Attendance of Students - Lawful Absences - Mental Illness

Sponsor Delegate Chang

Synopsis

For the purpose of specifying that certain absences from school are lawful absences; requiring each

county board of education to develop a certain attendance policy for students with mental illness that

may identify a certain number of absences allowed within a certain time period; requiring each county

board to publish its attendance policy for students with mental illness on the county board’s website; and

generally relating to lawful absences for students due to mental illness.

Analysis

The total number of chronically absent students is declining:

○ 2017-2018 school year - 17.6 percent of all students were chronically absent

○ 2018-2019 school year - 15.1 percent of all students were chronically absent

○ 2019-2020 school year - 14.1 percent of all students are chronically absent as of 12/23/19

● MCPS has a detailed regulation, Regulation JEA-RA, Student Attendance, which specifically

articulates that students can receive excused absences for an illness, and purposely does not

distinguish between a medical and mental illness. Moreover, it enables parents/guardians to

submit documentation from an authorized health care provider to excuse an extended illness for

a chronic condition.

● Assigning an arbitrary number of excused absences a student may accrue during a certain time

period does not account for the more chronic or severe mental health conditions and may, in fact,

disadvantage those students with severe conditions.

● The current MCPS attendance regulation allows for excused absences to be assigned for the total

number necessary, as can be documented by an authorized health care provider.

Recommendation: Oppose

Page 6: Rockville, Maryland January 9, 2020 MEMORANDUM · 2020. 6. 6. · Rockville, Maryland January 9, 2020 MEMORANDUM To: Members of the Board of Education From: Danielle M. Susskind Coordinator,

Recommended Positions on Proposed Legislation ATTACHMENT A

Health and Government Operations

HB0042/ Public Information Act - Applications for Inspection - Responses and Time

SB0067 Limits

Sponsor Delegate Guyton

Senator West

Synopsis

For the purpose of altering the time periods within which a custodian is required to grant or deny a certain

application to inspect a public record and produce a public record in response to an approved application;

altering the circumstances under which and the time period within which a custodian is required to

indicate certain information in writing or by e–mail; altering the time period within which a custodian

who denies the application is required to give the applicant a certain written statement; altering the period

for which any time limit imposed under certain provisions of law may be extended with the consent of

the applicant; and generally relating to the Public Information Act. Changes the time given from 30 days

to 7 days.

Analysis

• Montgomery County Public Schools (MCPS) has experienced a significant increase in the

number of public information act requests and the complexity of the requests since fiscal year

2015.

• In Fiscal Year 2019, MCPS fulfilled 216 MPIA requests – 79 more than in 2015. These 216

requests yielded thousands of pages of documents and represent thousands of hours of employee

time from more than one hundred employees across the system.

• In Fiscal Year 2020, we are already experiencing a remarkable increase in both the number and

complexity of the requests. At this time last fiscal year, we had received 97 requests, whereas

this year, we have already received 129.

• MCPS seeks to avoid assessing fees for requests when possible to allow for greater access and

transparency. In addition, MCPS has made best efforts and has successfully provided readily

available responses prior to the initial 10-day deadline whenever possible. This good faith effort

demonstrates the district’s commitment to transparency and expeditious responses.

• Significantly reducing the period to respond to a public information act request would impede

transparency and accuracy by forcing state agencies, without additional state resources, to rush a

complete and reasonable search to comply with the law. This rush may lead to incomplete

disclosure of relevant public information.

• The reduction of the response time, without additional resources, could also force state agencies

to rush required redactions and application of exemptions that are required by State and federal

law. Failure to properly withhold exempt information, such as student records; records related to

public security; and proprietary business and/or confidential records. Improper disclosure would

lead to the release of sensitive information and significant criminal and civil penalties. Such

penalties will likely cost the district in legal fees and additional staff time.

• The reduction of the response time, without additional resources, could also force MCPS to more

frequently assess higher initial fee estimates, as there would be less time to work with the offices

maintaining the documents to understand the labor required to fulfill the request. This higher fee

may deter a requester.

Page 7: Rockville, Maryland January 9, 2020 MEMORANDUM · 2020. 6. 6. · Rockville, Maryland January 9, 2020 MEMORANDUM To: Members of the Board of Education From: Danielle M. Susskind Coordinator,

Recommended Positions on Proposed Legislation ATTACHMENT A

• Under the Public Information Act, Section 4-201(b), agencies are obligated to “protect public

records and to prevent unnecessary interference with official business.” Additional time

constraints, coupled with the continuing increase in the number of requests MCPS receives, will

interfere with the official business of MCPS, a district committed to the important work of

providing a free, quality, equitable education for all students.

• The reduction in response time and the limited resources, along with the above reasons, will

result in the district’s predictable failure to respond within the timeline for many requests. This

would likely severely damage the public’s trust in a district that is already making best efforts to

reply to requests within the current timeline.

MCPS would support the reduced production time if funding was provided to acquire sufficient staff to

ensure documents are properly gathered, reviewed, redacted and disclosed.

Recommendation: Support with Amendment (Funding)

Education - Educational Interpreters - Certification Requirements

Sponsor Delegate Qi

Synopsis

For the purpose of requiring the State Board of Educ. and the Professional Standards and Teacher Educa.

Board to develop certain rules and regulations for the certification of educational interpreters; providing

that certain individuals who are deaf or hard of hearing may not be denied the right to receive certain

credentials or contract for work for which the individual is otherwise qualified because the individual is

deaf or hard of hearing; requiring the State Board and the Board to develop certain regulations on or

before a certain date; establishing certain qualifications for a certificate as an educational interpreter;

establishing certain professional development requirements for renewal of an educational interpreter

certificate; requiring certain educational interpreters to obtain certification on or before a certain date;

defining certain terms; making a stylistic change; and generally relating to the certification of educational

interpreters.

Analysis

This bill specifies “educational interpreter” as an individual who provides sign language interpreting

services in an educational setting (Grades kindergarten (K)–12). This bill requires that qualifications,

regulations, and standards are established for certification of educational interpreters. This bill

stipulates certification renewal requirements, including professional development hours.

This bill requires that certification of educational interpreters is achieved by a certain date (July 1, 2027).

MCPS has a long history of providing high-quality interpretation services to students who are deaf or

hard of hearing, with both certified and noncertified interpreters. It is not anticipated that merely by

meeting certification requirements, students will receive better services than those currently provided.

Observation and evaluation by the supervisor current interpreters are better indications of quality than

certification status.

Page 8: Rockville, Maryland January 9, 2020 MEMORANDUM · 2020. 6. 6. · Rockville, Maryland January 9, 2020 MEMORANDUM To: Members of the Board of Education From: Danielle M. Susskind Coordinator,

Recommended Positions on Proposed Legislation ATTACHMENT A

Currently, sign language interpreters are not subject to certification requirements to work in a school

setting. MCPS employs 36.5 Full-time Equivalent (FTE) sign language interpreters; currently only 3.0

FTEs are certified.

MCPS is the largest public school employer of educational interpreters in the state and has a long history

of providing qualified sign language interpreters to students who are deaf or hard of hearing in

educational settings Grades K–12.

● MCPS recognizes that continuous improvement and professional development is necessary and

valued for all staff positions.

● Currently, MCPS is experiencing a severe shortage of interpreters to provide the appropriate

services critical to providing access to communication and instruction. If certification becomes

a requirement for a school setting, it is anticipated that it will be more challenging to attract

and retain interpreters. Once certified, MCPS will increasingly be competing with private

sector agencies in hiring interpreters and MCPS will experience an even greater shortage.

● It is anticipated that once a current interpreter becomes certified, they may be enticed to leave

MCPS for private agency employment at a significantly higher rate of pay.

● With a greater shortage of interpreters, MCPS will need to hire a greater number private agency

contractors at a significantly higher rate of pay than current MCPS hourly rates to meet

students’ needs and comply with special education mandates.

● MCPS employs cued speech transliterators as well as sign language interpreters, both under the

same job classification and bargaining unit; this proposed bill only includes sign language

interpreters. MCPS will be required to increase salaries for cued speech transliterators to

maintain pay parity with interpreters.

Proposed Amendment:

● Newly hired interpreters not meeting the certification requirements will be considered

provisional and will be granted two years to meet the requirements.

● The state will establish an oversight entity and provide fiscal support for this statewide

mandate.

● The state will include fiscal support to increase MCPS budget for certified interpreters’

salaries.

Recommendation: Support with Amendment

Page 9: Rockville, Maryland January 9, 2020 MEMORANDUM · 2020. 6. 6. · Rockville, Maryland January 9, 2020 MEMORANDUM To: Members of the Board of Education From: Danielle M. Susskind Coordinator,

Recommended Positions on Proposed Legislation ATTACHMENT A

Lunch Shaming

Sponsor Delegate Queen

Synopsis

This bill will prohibit any practices that may be considered shaming those who cannot afford lunch

(alternative lunch, balance updates to students in front of other students, notes to students, withholding

records or sports eligibility for debt owed, etc.).

Analysis

Montgomery County Public Schools (MCPS) no longer provides different lunches or other distinctions

among students regardless of paying status.

Recommendation: Support

Bronchodilator Availability and Use

Sponsor Delegate R. Lewis

Synopsis

Legislative Intent:

• House Bill Bronchodilator Availability and Use Policy would require each county board of

education authorize schools to stock bronchodilators for students in Kindergarten through grade

12 (prekindergarten students are prohibited in this legislation) and to train school personnel to

administer bronchodilators to students in the case of a respiratory emergency.

• This bill is similar in scope and language to Senate Bill 621 Epinephrine Availability and Use

which required schools to authorize the availability of epinephrine autoinjectors in schools,

effective July 1, 2012.

Analysis

• While bronchodilators generally are considered safe to use with children, caution is

recommended when using them in individuals with coronary artery disease, history of

arrhythmias, hypertension, hyperthyroidism, seizure disorders, and diabetes. The most common

side effects of bronchodilator use is tachycardia, dizziness, tremors, headache, and vomiting.

• Bronchodilators may interact with epinephrine and exacerbate agitation and arrhythmia. Non-

healthcare professionals would need to be trained specifically on bronchodilator and epinephrine

interactions and contraindications since both would be available for use by school personnel in

the case of an emergency.

• The school community health nurse and school health room technician have access to a student’s

medical records and would have a physician’s recommendation to administer bronchodilators

that had been prescribed for individual use.

o This information is not available to non-healthcare professionals who may use the

bronchodilator in a perceived emergency. In an emergency, will non-healthcare professionals

Page 10: Rockville, Maryland January 9, 2020 MEMORANDUM · 2020. 6. 6. · Rockville, Maryland January 9, 2020 MEMORANDUM To: Members of the Board of Education From: Danielle M. Susskind Coordinator,

Recommended Positions on Proposed Legislation ATTACHMENT A

be able to refer back to training to recognize the signs of asthma and respiratory distress and

to administer bronchodilators.

o Montgomery County Public Schools (MCPS) has students with diagnosed seizure disorders

and diabetes and non-healthcare professionals would not have access to this information. In

addition, MCPS has students with undiagnosed diabetes.

• Bronchodilators are effective only when used correctly and with younger children, that can be a

challenge. The use of a spacer is helpful for children who have trouble coordinating the plunge

of the canister with the inhalation. If a bronchodilator canister is to be used with multiple children

(one bronchodilator usually contains 200 metered doses), a spacer is required to prevent cross-

contamination. The bronchodilator plastic mouthpiece also must be washed after each use

(washing is recommended regardless because the newer propellants tend to be stickier and may

clog the inhaler) to be safe for the next child.

MCPS has concerns with more and more staff members, who are not healthcare professionals, being

tasked with administering more and more medications without adequate knowledge of a student’s

medical history, including current medications and current diagnoses which may interact negatively or

be contraindicated. MCPS proposes an amendment to indicate that school staff members may not

be required to take on the responsibility of administering bronchodilators but may volunteer to be

a staff member designated to administer bronchodilators. The proposed legislation also states the

county Board of Education will authorize school community health nurses (SCHNs) to administer

bronchodilators. In MCPS, SCHNs work for the Montgomery County Department of Health and

Human Services, and not the school system. The county Board cannot authorize employees of

another county organization to perform these tasks so this language also needs to be amended in

the proposed legislation.

Recommendation: Support with Amendment

Page 11: Rockville, Maryland January 9, 2020 MEMORANDUM · 2020. 6. 6. · Rockville, Maryland January 9, 2020 MEMORANDUM To: Members of the Board of Education From: Danielle M. Susskind Coordinator,

Bills Covered Under the Platform ATTACHMENT B

PLATFORM BILLS- NO ACTION REQUIRED

MC 08-20 Montgomery County - Public Campaign Financing - Board of Education

Sponsor Delegates Moon, Acevero, Carr, Charkoudian, Crutchfield, Cullison, Kelly, Lopez,

Love, Luedtke, Palakovich Carr, Shetty, Solomon, Stewart, & Wilkins & Senators

Smith & Waldstreicher

Synopsis

For the purpose of authorizing the governing body of Montgomery County to establish, by law, a system

of public campaign financing for the elected members of the county board of education; making a

conforming change; making a technical correction; providing for a delayed effective date; and generally

relating to public campaign financing in Montgomery County.

Analysis

We support this bill as it falls under the “working together with families and communities” goal-

Specifically, the purpose of this bill is to expand the opportunities for individuals who would like to be

Board members and to provide more opportunities for individuals to participate in the Board process-

this aligns with including family and community stakeholder voices in policy decisions.

Recommendation: Support

MC 13-20 Montgomery County - Board of Education - Compensation

Sponsor Chair on behalf of MoCo BOE Compensation Commission

Synopsis

For the purpose of altering the compensation of the members of the Montgomery County Board of

Education; providing for the application of this Act; and generally relating to the compensation of the

members of the Montgomery County Board of Education.

Analysis

We support this bill as it falls under the “working together with families and communities” goal-

Specifically, the purpose of this bill is to expand the opportunities for individuals who would like to be

Board members and to provide more opportunities for individuals to participate in the Board process-

this aligns with including family and community stakeholder voices in policy decisions. We also state

that a goal is to “provide equitable opportunities to all students”- this aligns with the compensation for

the student board member as it provides more resources to increase the pool of students who can run.

Recommendation: Support

Page 12: Rockville, Maryland January 9, 2020 MEMORANDUM · 2020. 6. 6. · Rockville, Maryland January 9, 2020 MEMORANDUM To: Members of the Board of Education From: Danielle M. Susskind Coordinator,

Bills Covered Under the Platform ATTACHMENT B

Ways and Means

HB0019 Education - Required Number of School Days or Hours

Sponsor Delegate Adams

Synopsis

FOR the purpose of altering the requirement that certain public schools be open for at least a certain

number of days and a minimum number of hours during a certain period of time to require that the

schools be open for at least a certain number of days or a minimum number of hours during a certain

period of time; providing that certain funding for schools may not be reduced if there are fewer than a

certain number of school hours under certain circumstances; making conforming changes; making a

stylistic change; and generally relating to the required number of school days or school hours for

elementary and secondary public schools.

Analysis

This bill appears to provide more flexibility in structuring the school year calendar. It changes the current

minimum requirement for the length of the school year from a requirement both for the number of days

AND the number of hours to only needing to meet either the number of days OR the number of hours.

This would provide additional flexibility in scheduling and in determining whether make-up days are

needed in the event of school closures.

Recommendation: Support on the grounds of local autonomy over school calendars

Finance

SB0034 Consumer Protection - Scanning or Swiping Identification Cards and Driver's

Licenses - Prohibition

Sponsor Senator Kagan

Synopsis

FOR the purpose of prohibiting a person from using a scanning device to scan or swipe an identification

card or a driver’s license of an individual to obtain the personal information of the individual; prohibiting

a person from retaining, selling, or transferring to another person any information collected from

scanning or swiping an individual’s identification card or driver’s license under certain circumstances;

making a violation of this Act an unfair or deceptive trade practice under the Maryland Consumer

Protection Act and subject to certain enforcement and penalty provisions; defining a certain term;

providing for the application of this Act; providing that this Act does not prohibit certain actions; and

generally relating to scanning or swiping identification cards and driver’s licenses.

Analysis

MCPS and other LSS utilize Visitor Management Systems (VMS) to scan in drivers licenses of visitors

as part of their security posture and procedures. This information is then run against national sex offender

registries to prevent identified individuals from being able to gain further entry into the school. In

addition, this information is used to account for visitors in the event of an emergency/crisis.

Page 13: Rockville, Maryland January 9, 2020 MEMORANDUM · 2020. 6. 6. · Rockville, Maryland January 9, 2020 MEMORANDUM To: Members of the Board of Education From: Danielle M. Susskind Coordinator,

Bills Covered Under the Platform ATTACHMENT B

Under SB0034, it appears that by following our VMS procedures we would be in violation of this bill.

There is a law enforcement exception to this bill.

It is recommended that an amendment be added to SB0034 to allow Montgomery County Public

Schools and all LSS to have the ability to continue to scan individual drivers’ licenses for safety

and security reasons. If SB0034 passes without such an amendment, school safety and security will

be adversely impacted.

Recommendation: Support with Amendment on the grounds of “creating a safe and secure

environment for all students.”

Education, Health, and Environment Affairs

SB0076 Legal Holiday - Maryland Emancipation Day - Establishment

Sponsor Senator Ellis

Synopsis

FOR the purpose of establishing Maryland Emancipation Day as a State legal holiday, a public school

holiday, a bank holiday, and a State employee holiday; and generally relating to Maryland Emancipation

Day.

Analysis

By requiring Maryland Emancipation Day to be a holiday on which schools must be closed, this bill

creates an additional challenge to developing the instructional calendar. MCPS opposes additional

constraints on the school calendar, as local jurisdictions should retain the ability to schedule closures

that address local needs and priorities. There are many educational and operational considerations and

objectives that must be balanced and coordinated in developing a school year calendar. Requiring

increasing numbers of days for school closures increases the timeframe for the length of the school year,

reduces the ability of the school system to adjust the calendar for local priorities, and can cause

difficulties for families. Amendment language should allow school systems flexibility in which

holidays are observed.

Recommendation: Support with Amendment based on local autonomy over school calendars.

Page 14: Rockville, Maryland January 9, 2020 MEMORANDUM · 2020. 6. 6. · Rockville, Maryland January 9, 2020 MEMORANDUM To: Members of the Board of Education From: Danielle M. Susskind Coordinator,

Bills Covered Under the Platform ATTACHMENT B

Education, Health, and Environment Affairs

SB0078 Public Schools - Student Discipline Regulations - Remedial Measures

Sponsor Senator Hough

Synopsis

FOR the purpose of requiring certain regulations regarding student discipline adopted by county boards

of education to account for a certain individual who was harmed by certain behavior by requiring certain

actions, as applicable; and generally relating to county board regulations regarding student discipline.

Analysis

● For the 2019-2020 school year, 125 schools at all three levels are implementing formal

restorative practices.

● This bill, if enacted, calls for each school board to adopt disciplinary regulations that provide

for educational and behavior interventions, restorative approaches, counseling, and student and

parenting conferencing.

● The 2019-2020 Student Code of Conduct in Montgomery County Public Schools is designed

to promote fairness and equity through clear, appropriate, and consistent expectations for

positive behavior and consequences in addressing student misbehavior.

● The Code of Conduct reflects MCPS’s belief that discipline is a developmental process, and

effective discipline strategies should meet students’ varied behavioral and development needs

with tiered responses and interventions. It incorporates restorative practices which afford

students opportunities to learn from their mistakes, correct any harm that results from their

behavior, and restore relationships that are disrupted by their conduct.

● It appears that the MCPS Code of Conduct already achieves the aspirations of this bill.

Recommendation: Oppose based on local autonomy as well as implications with IDEA